25B - AGMT - 815 N HARBOR LOAN - Laserfiche WebLink

Home Browse Search

Provided by law, including, without limitation, the right to seek- specific perfonnaince and the right to foreclose or any security and exercise any other rights with respect to any security, all in such order and manner as City elects in its sole and absolute discretion; and, (d) Suspend or terminate the award of HOME funds if Developer fails to comply with any term of that award. 18.3 Cumulative Remedies: No Waiver. City's rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by law. The exercise by City of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the City in the exercise of any other right or remedy, No waiver of any default shall be implied from any oinission by City to take action on account of such default if such default persists or is repeatcdL No waiver of any default shall affect ally default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated, No waiver of any provision or any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. City's consent to or approval of any act by Developer requiring further consent or approval shall not be deemed to waive or render unnecessary City's consent to or upprowil of any subsequent act. The City's acceptance of the late performance, of any obligation shall not constitute a waiver by City of the right to require prompt performance of all further obligations; City's, acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of either party's right Ito proceed with the exercise of its remedies for any unfulfilled obligations; and City's acceptance of any partial performance shall not constitute 'a waiver by City of any figIrts, 19, MISCELLANEOUS 19.1 Obligations Unconditional and ](ndEpcndent. Notwithstanding the existence at any time of any obligation or liability of City to Developer, or any other claim by developer against City, in connection with the Loan or otherwise, Developer hereby waives any right it might otheRvise have (a) to offset any such obligation, liability or claim against Developer's obligations under the Loan Documents, or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Developer of any of i is obligations under the Loan Documents, 19.2 Notices. All notices, demands, approvals and othQr communications provided rot in the Loan Documents shall be in writing kind be delivered to the approl-.iriaite party by personal service or U.9' mail at its address as follows: If to Developer: 415 N Harbor, LP clo 815 N I larbor, LLC 414 East Chapman Avenue Orange, Cali1omia 92866 Attn: Executive Director With a copy to C&C 815 N Harbor, LLC 37 25B-43