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(h) Borrower is in default of its obligations with respect to any funding
<br />obligation (other than the Public Improvement Loan) for the Project, and. the default remains
<br />uncured following the expiration of any applicable cute periods; or
<br />(i) Borrower is in default of its obligations under any other agreement entered
<br />into with the City including but not limited to the DDA, and the default remains uncured
<br />following the expiration of any applicable cure periods.
<br />Section 5.2 Remedies. During the pendency of an uncured Event of Default, the
<br />City may exercise any right or remedy available under this Agreement or the Promissory
<br />Note or at law or in equity. All of the City's rights and remedies following an Event of
<br />Default are cumulative, including:
<br />(a) The City at its option may declare the unpaid principal balance of the
<br />Promissory Note, together with default interest as provided in the Promissory Note and any other
<br />charges due under the Promissory Note, immediately due and payable without protest,
<br />presentment, notice of dishonor, demand or further notice of any kind, all of which Borrower
<br />expressly waives, '
<br />(b) The City may apply to any court of competent jurisdiction for specific
<br />performance, or an injunction against any violation, of this Agreement or for any other remedies
<br />or actions necessary or desirable to correct Borrower's noncompliance with this Agreement.
<br />(c) All costs, expenses, charges and advances of the City in exercising its
<br />remedies or to protect the Property will be deemed to constitute a portion of the principal balance
<br />of the Promissory Note, even if it causes the principal balance to exceed the face amount of the
<br />Promissory Note, rmless Borrower reimburses the City within ten (10) days of the City's demand
<br />for reimbursement.
<br />Section 5.3 Borrower Indemnification of City. In addition to any other specific
<br />indemnification or defense obligations of Borrower set forth in this Agreement and except
<br />for the City indemnification required in Section 43, Borrower agrees to indemnify, defend
<br />(upon written request by the City and with counsel reasonably acceptable to the City) and
<br />hold hazmless the Indemnified Parties, from any and all losses, liabilities, charges,
<br />damages, claims, liens, causes of action, awards, judgments, costs and. expenses, including,
<br />but not limited to reasonable attorney's fees of counsel retained by the Indemnified Parties,
<br />expert fees, costs of staff time, and investigation costs, of whatever kind or nature
<br />("Claims"), that are in any manner directly or indirectly caused, occasioned or contributed
<br />to in whole or in part, through any act, omission, fault or negligence, whether active or
<br />passive, of the Borrower or the Borrower's officers, agents, employees, independent
<br />contractors or subcontractors of any tier, relating in any manner to this Agreement, any
<br />work to be performed by the Borrower related to this Agreement, the Project, the City
<br />Funded Improvements or any authority or obligation exercised or undertaken by the
<br />Borrower under this Agreement, except to the extent caused by the active negligence or
<br />willful misconduct of any of the Indemnified Parties. Without limiting the generality of the
<br />foregoing, Borrower's obligation to indemnify the Indemnified Parties shall include injury
<br />or death to any person or persons, damage to any property, regardless of where located,
<br />including the property of the Indemi ified Parties, any workers' compensation or prevailing
<br />wage determination, claim or suit or any other matter arising from or connected with any
<br />553 94.00049W08 84170.6 15
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