GUEST HOUSE LP (2)-2016 - Laserfiche WebLink

Home Browse Search

20.3 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 omission by City to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any 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 of 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 approval 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 to 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 rights. 21. MISCELLANEOUS 21.1 Obligations Unconditional and .Independent. 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 otherwise 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 nonperforrnance by Developer of any of its obligations under the Loan Documents. 21.2 Notices. All notices, demands, approvals and other coirununications provided for in the Loan Doctunents shall be in writing and be delivered to the appropriate party by personal service or U.S. mail at its address as follows: If to Developer: Guest House LP c/o CDP Guest House LLC 3416 Via Oporto, Suite 301 Newport Beach, California 92663 Attn: Kyle Paine With a copy to: IHC Guest House Santa Ana, LLC c/o Affordable Housing Alliance ll, Inc DBA Integrity Housing 4 Venture, Suite 295 Irvine, CA 92618 If to City: City of Santa Ana Executive Director (CDA) 39