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CITY COUNCIL DRAFT <br />6.2.1 Any individual who sells or rents (including subleasing) an Affordable Unit <br />in violation of the provisions of this Agreement shall be required to forfeit to City all monetary <br />amounts so obtained. <br />6.2.2 City may institute any appropriate legal actions or proceedings necessary to <br />ensure compliance with this Agreement, including but not limited to: <br />(a) Actions to revolve, deny or suspend any permits for the construction <br />of any Units in the Project, except that such actions may not include the suspension or revocation <br />of any issued permit or license for the construction of any unit or units in the Development that <br />have been constructed and sold or are under construction and under contract for sale; <br />(b) Applicable actions under the Affordable Housing Resale <br />Restrictions, City Promissory Note, or City Deed of Trust executed by a Homebuyer; <br />(c) Actions for injunctive relief, damages, or other monetary relief; and <br />(d) Civil citations or penalties. <br />6.3 Ruts and Remedies Ctunulative. The rights and remedies of the Parties are <br />cumulative, and the exercise by either Party of one or more of its rights or remedies shall not <br />preclude the exercise by it, at the same or different times, of any other rights or remedies for the <br />same default or any other default by the other Party. <br />6.4 Waiver of Sveculative..Conse uential or Punitive Damages. 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 <br />to collect speculative, consequential, punitive or other indirect damages against the other Party. <br />Developer acknowledges the protections of Civil Code Section 1542 relative to this waiver and <br />release, which section reads as follows: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE <br />CREDITOR OR RELEASING PARTY DOES NOT KNOW OR <br />SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br />EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR <br />HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. <br />BY INITIALING BELOW, DEVELOPER KNOWINGLY AND VOLUNTARILY WAIVES <br />THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS <br />AND RELEASES OF THIS SECTION. <br />DEVELOPER'S INITIALS <br />6.5 Indemnification. In addition to any other indemnity specifically provided in this <br />Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of <br />Developer, which shall not be unreasonably withheld, conditioned or delayed and which may <br />be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless <br />Page 19 <br />55394.00101143721567,2 <br />