Item 18 - Permanent Supportive Housing Project at 918 Bewley Street

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(a)Terminate this Agreement by giving written notice to Grantee and seek monetary damages for breach of the Agreement or restitution for the HHAP Grant. Upon written notice of termination and demand from the City, Grantee shall repay to the City all or some portion of the HHAP Grant proportionate to the scale and duration of the uncorrected noncompliance relative to the term of the Regulatory Agreement, or, at City’s election, the total amount of funds disbursed by the City for the HHAP Grant multiplied by the percentage of the Project that has not been completed; provided, however, for an Event of Default described in Section 15.1(c), Grantee shall automatically, and without notice or other action on City's part, cause all such amounts to be immediately due and payable. (b)In its own right or by a court-appointed receiver, take possession of the Property, enter into contracts for and otherwise proceed with the completion of the construction by expenditure of its own funds, and operate the Project in accordance with the Regulatory Agreement. (c)Exercise any of its rights under this Agreement, the Regulatory Agreement, and any rights provided by law, including, without limitation, the right to seek specific performance and the right to foreclose on any security and exercise any other rights with respect to any security, inclusive of the Construction Security, all in such order and manner as City elects in its sole and absolute discretion. (d)Suspend or terminate the award of City funds if Grantee fails to comply with any term of such award. (e)Foreclose on the City Deed of Trust. 15.3 Cumulative Remedies: No Waiver. City's rights and remedies under the Grant Documents are cumulative and in addition to all rights and remedies provided by law. The exercise by City of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the City in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by City to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Grant Document shall be construed as a waiver of any subsequent breach of the same provision. City's consent to or-approval of any act by Grantee requiring further consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act. The City's acceptance of the late performance of any obligation shall not constitute a waiver by City of the right to require prompt performance of all further obligations; City's acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of either party's right to proceed with the exercise of its remedies for-any unfulfilled obligations; and City's acceptance of any partial performance shall not constitute a waiver by City of any rights. EXHIBIT 2