Laserfiche WebLink
late performance of any obligation shall not constitute a waiver by City or Agency of the right to <br />require prompt performance of all further obligations; City's or Agency's acceptance of any <br />performance following the sending or filing of any notice of default shall not constitute a waiver of <br />either party's right to proceed with the exercise of its remedies for any unfulfilled obligations; and <br />City's or Agency's acceptance of any partial performance shall not constitute a waiver by City or <br />Agency of any rights. <br />Notwithstanding anything to the contrary contained in the Loan Documents, the City and the <br />Agency hereby agree that any cure of any default made or tendered by the Limited Partner shall be <br />deemed to be a cure by Vista Del Rio and shall be accepted or rejected on the same basis as if made <br />or tendered by Vista Del Rio. Copies of all notices which are sent to Vista Del Rio under the terms <br />of the Loan Documents shall also be sent to the Limited Partner at an address to be provided in <br />writing to the City and the Agency by the Limited Partner. <br />21. MISCELLANEOUS <br />21.1 Obligations Unconditional and Independent. Notwithstanding the existence at any <br />time of any obligation or liability of City or Agency to Vista Del Rio, or any other claim by Vista Del <br />Rio against City or Agency, in connection with the Loans or otherwise, Vista Del Rio hereby waives <br />any right it might otherwise have (a) to offset any such obligation, liability or claim against Vista Del <br />Rio's obligations under the Loan Documents, or (b) to claim that the existence of any such <br />outstanding obligation, liability or claim excuses the nonperformance by Vista Del Rio of any of its <br />obligations under the Loan Documents. <br />21.2 Notices. All notices, demands, approvals and other communications provided for in <br />the Loan Documents shall be in writing and be delivered to the appropriate party by personal service <br />or U.S. mail at its address as follows: <br />If to Vista Del Rio: Vista Del Rio Housing Partners, L.P. <br />c/o Foundation for Affordable Housing V, Inc. <br />30950 Rancho Viejo Road, Suite 100 <br />San Juan Capistrano, CA 92675 <br />Attention: Deborrah Willard <br />Telephone: (949) 443-9101 <br />Email: deb@ffah.org <br />If to City/Agency: City of Santa Ana <br />Executive Director (CDA/RDA) <br />20 Civic Center Plaza (M-37) <br />P. O. Box 1988 <br />Santa Ana, California 92702 <br />With a copy to: City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza, 7th Floor (M-29) <br />Santa Ana, California 92702 <br />Addresses for notice maybe changed as required by written notice to all other parties. All notices <br />personally served shall be effective when actually received. All notices mailed shall be effective <br />43 <br />DOCSOC/1475221 v5/200272-0004 <br />