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forth in Section 4.6.3. All requirements set forth herein shall be incorporated in the Marketing
<br />Program.
<br />4.15 Non -Discrimination in Housing;. Developer, and any successors in interest, shall
<br />not discriminate any person or group of persons on account of race, color, religion, sex, gender,
<br />gender identity, gender expression, sexual orientation, marital status, national origin, ancestry,
<br />familial or marital status, disability, veteran or military status, genetic information, political
<br />affiliation or opinion, medical condition, pregnancy or pregnancy -related condition, or condition
<br />of physical or mental disability or other handicap, age, or source of income or status with regard
<br />to public assistance in the transfer, use, occupancy, tenure or enjoyment of the Property or the
<br />Affordable Units, and the Developer, or any person claiming under or through it, shall not establish
<br />or permit any such practice of discrimination or segregation with reference to the selection,
<br />location, number, use or occupancy of any Homebuyer or resident of the Property or the Affordable
<br />Units.
<br />5. TERM OF THIS AGREEMENT
<br />5.1 Term. The term of this Agreement shall commence on the Effective Date and shall
<br />continue until the date that is forty-five (45) years after the City issues the last certificate of
<br />occupancy for the building in which the Affordable Units are located.
<br />6. DEFAULT AND TERMINATION, INDEMNIFICATION
<br />6.1 Default. Failure or delay by any Party to perform any term or provision of this
<br />Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party
<br />specifying the default (or such other period specifically provided herein), constitutes a default
<br />under this Agreement; provided, however, if such default is of the nature requiring more than thirty
<br />(30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within
<br />such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an
<br />additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of
<br />ninety (90) days). Except as required to protect against further damages, the injured Party may
<br />not institute proceedings against the Party in default until the time for cure has expired. Failure or
<br />delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time
<br />of default.
<br />6.2 Rights and Remedies Cumulative,
<br />6.2.1 The rights and remedies of the Parties are cumulative, and the exercise by
<br />either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the
<br />same or different times, of any other rights or remedies for the same default or any other default
<br />by the other Party. City's rights and remedies to enforce this Agreement include any and all civil,
<br />administrative, or criminal remedies as set forth in local, state, or federal law. Notwithstanding
<br />anything to the contrary contained in this Agreement, in no event shall either Party be liable for
<br />speculative, consequential, punitive or other indirect damages, and each Party waives any right to
<br />collect speculative, consequential, punitive or other indirect damages against the other Party.
<br />6.2.2 The City's actions and remedies may include, but are not limited to, the
<br />following;
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