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<br /> <br /> <br /> <br /> <br /> <br /> observed or performed which continues after notice to Developer and failure to cure as provided <br /> herein. <br /> <br /> If any such default shall have occurred, then and in such event, City shall be entitled in <br /> addition to all other remedies provided by law or in equity: <br /> <br /> 1. To compel specific performance by Developer of its obligations under this <br /> Agreement, it being recognized that the beneficiaries of Developer's obligations <br /> hereunder cannot be adequately compensated for by monetary damages in the <br /> event of Developer's default. <br /> <br /> 2. In the event the actual rent collected by Developer for any unit required under this <br /> Agreement to be rented to lower income households and very low income tenants <br /> is in excess of the maximum affordable rent allowed for such unit in violation of <br /> the requirements of Paragraph III of this Agreement, the amount by which any <br /> actual rent collected for such unit exceeds the maximum affordable rent for such <br /> unit shall be deemed damages payable to City by Developer. Such damages shall <br /> be in addition to any other remedy at law or in equity to City. <br /> 1. Legal Advice. Each party represents and warrants to the other the following: they <br /> have carefully read this Agreement, and in signing this Agreement, they do so with full <br /> knowledge of any right which they may have; they have received independent legal advice from <br /> their respective legal counsel as to the matters set forth in this Agreement, or have knowingly <br /> chosen not to consult legal counsel as to the matters set forth in this Agreement; reement• and they have <br /> freely signed this Agreement without any reliance upon any agreement, promise, statement or <br /> representation by or on behalf of the other party, or their respective agents, employees, or <br /> attorneys, except as specifically set forth in this Agreement, and without duress or coercion, <br /> whether economic or otherwise. <br /> <br /> J. No Conflict of Interest. No member, official or employee of the City shall have any <br /> personal interest, direct or indirect, in this Agreement, nor shall any such member, official or <br /> employee participate in any decision relating to the Agreement which affects his or her personal <br /> interests or the interests of any corporation, partnership or association in which he or she is, directly <br /> or indirectly, interested. <br /> K. Nonliability of City Officials and Employees. No member, official or employee of <br /> the City of Santa Ana shall be personally liable to the Developer, or any successor-in-interest, in the <br /> event of any default or breach by the City on any obligation under the terms of this Agreement. <br /> <br /> L. Effective Date of Agreement. This Agreement shall be dated and effective as of the <br /> date of the action by the City on which it approves this Agreement. <br /> <br /> M. Entirety of Agreement. This Agreement integrates all of the terms and conditions <br /> mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements <br /> between the parties with respect to the matters contained herein. <br /> <br /> <br /> 7 <br /> <br /> <br /> 39A-23 <br />