Laserfiche WebLink
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 revoke,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) CiviI citations or penalties. <br /> 6.3 RiLhts and Remedies Cumulative. 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 Syeculatiye. Consequential. or Punitive Damages. Notwithstanding <br /> anything to the contrary contained in this Agreement, in no event shall either Parry 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 /> 55394.00101\43724951.1 <br />