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default if such default persists or is repeated. No waiver of any default shall affect any <br />default other than the default expressly waived, and any such waiver shall be operative <br />only for the time and to the extent stated. No waiver of any provision of any Loan <br />Document shall be construed as a waiver of any subsequent breach of the same provision. <br />City's consent to or approval of any act by Developer requiring further consent or <br />approval shall not be deemed to waive or render unnecessary City's consent to or <br />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 <br />of all further obligations; City's acceptance of any performance following the sending or <br />filing of any notice of default shall not constitute a waiver of either party's right to <br />proceed with the exercise of its remedies for any unfulfilled obligations; and City's <br />acceptance of any partial performance shall not constitute a waiver by City of any rights. <br />21. MISCELLANEOUS <br />21.1 Oblieations Unconditional and Independent. Notwithstanding the <br />existence at any time of any obligation or liability of City to Developer, or any other <br />claim by developer against City, in connection with the Loan or otherwise, Developer <br />hereby waives any right it might otherwise have (a) to offset any such obligation, liability <br />or claim against Developer's obligations under the Loan Documents, or (b) to claim that <br />the existence of any such outstanding obligation, liability or claim excuses the <br />nonperformance by Developer of any of its obligations under the Loan Documents. <br />21.2 Notices. All notices, demands, approvals and other communications <br />provided for in the Loan Documents shall be in writing and be delivered to the <br />appropriate party by personal service or U.S. mail at its address as follows: <br />If to Developer: 940 Minnie, LP <br />c/o OHDC Properties II, LLC <br />414 East Chapman Avenue <br />Orange, California 92866 <br />Attn: Executive Director <br />With a copy to: C &C Properties Group II, LLC <br />1411 Yorba St., Suite 200 <br />Tustin, CA 92780 <br />If to City: City of Santa Ana <br />Executive Director (CDA) <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 />39 <br />