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provided by law, including, without limitation, the right to seek specific performance and the <br />right to foreclose on any security and exercise any other rights with respect to any security, all in <br />such order and manner as City elects in its sole and absolute discretion; and, <br />(d) Suspend or terminate the award ofHOME/CDBG funds if Developer fails <br />to comply with any term of such award. <br />20.3 Cumulative Remedies: No Waiver. City's rights and remedies under the Loan <br />Documents are cumulative and in addition to all rights and remedies provided by law. The <br />exercise by City of any right or remedy shall not constitute a cure or waiver of any default, nor <br />invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the <br />City in the exercise of any other right or remedy. No waiver of any default shall be implied from <br />any omission by City to take action on account of such default if such default persists or is <br />repeated. No waiver of any default shall affect any default other than the default expressly <br />waived, and any such waiver shall be operative only for the time and to the extent stated. No <br />waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent <br />breach of the same provision. City's consent to or approval of any act by Developer requiring <br />further consent or approval shall not be deemed to waive or render unnecessary City's consent to <br />or approval of any subsequent act. The City's acceptance of the late performance of any <br />obligation shall not constitute a waiver by City of the right to require prompt performance of all <br />further obligations; City's acceptance of any performance following the sending or filing of any <br />notice of default shall not constitute a waiver of either party's right to proceed with the exercise <br />of its remedies for any unfulfilled obligations; and City's acceptance of any partial performance <br />shall not constitute a waiver by City of any rights. <br />21. MISCELLANEOUS <br />21.1 Obligations Unconditional and Independent. Notwithstanding the existence at any <br />time of any obligation or liability of City to Developer, or any other claim by developer against <br />City, in connection with the Loan or otherwise, Developer hereby waives any right it might <br />otherwise have (a) to offset any such obligation, liability or claim against Developer's obligations <br />under the Loan Documents, or (b) to claim that the existence of any such outstanding obligation, <br />liability or claim excuses the nonperformance by Developer of any of its obligations under the <br />Loan Documents. <br />21.2 Notices. All notices, demands, approvals and other communications provided for in the <br />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 Developer: Depot at Santiago, LP <br />c/o Orange Housing Development Corporation <br />414 E. Chapman Avenue <br />Orange, CA 92866 <br />Attention: Chief Executive Officer <br />With a copy to: C&C Development Co., LLC <br />38 <br />1076\O1 U 333668.1 <br />