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03
City of Pleasanton
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CITY CLERK
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2016
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030116
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03
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2/25/2016 4:13:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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(i) Bring an action for equitable relief seeking the specific performance of the terms <br /> and conditions of this Agreement, and/or enjoining, abating, or preventing any <br /> violation of such terms and conditions, and/or seeking declaratory relief; <br /> (ii) Accelerate and declare the balance of the Note and the City HOME Note and <br /> interest accrued thereon immediately due and payable and proceed with <br /> foreclosure under the Deed of Trust and/or the City HOME Deed of Trust; <br /> (iii) For violations of obligations with respect to rents for Restricted Units, impose as <br /> liquidated damages a charge in an amount equal to the actual amount collected in <br /> excess of the Affordable Rent; <br /> (iv) Pursue any other remedy allowed under the City Documents or at law or in equity. <br /> Each of the remedies provided herein is cumulative and not exclusive. The City may <br /> exercise from time to time any rights and remedies available to it under applicable law or in <br /> equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this <br /> Agreement. <br /> 10. Indemnity. To the greatest extent permitted by law, Owner shall indemnify, defend (with <br /> counsel approved by City)and hold the Indemnitees harmless from and against all Claims arising <br /> directly or indirectly, in whole or in part, as a result of or in connection with Owner's <br /> construction, management, or operation of the Property and the Project or any failure to perform <br /> any obligation as and when required by this Agreement. Owner's indemnification obligations <br /> under this Section 10 shall not extend to Claims to the extent resulting from the gross negligence <br /> or willful misconduct of Indemnitees. The provisions of this Section 10 shall survive the <br /> expiration or earlier termination of this Agreement. City does not and shall not waive any rights <br /> against Owner that it may have by reason of any indemnity and hold harmless provision set forth <br /> in this Agreement because of the acceptance by City, or the deposit with City by Owner, of any <br /> of the insurance policies described in this Agreement. <br /> 10.1 Terms Applicable to Indemnity Provisions. The terms set forth in this Section <br /> 10.1 shall apply to all provisions of this Agreement that pertain to Owner's obligations to <br /> indemnify City and the other Indemnitees, including without limitation, Sections 2.6 and 10. In <br /> connection with each such provision, all of the following shall apply: <br /> (a) City does not and shall not waive any rights against Owner that it may have by <br /> reason of any indemnity and hold harmless provision set forth in this Agreement because of the <br /> acceptance by City, or the deposit with City by Owner, of any of the insurance policies described <br /> in this Agreement. <br /> (b) Owner's obligation to indemnify the Indemnitees shall not be limited or impaired <br /> by any of the following: (i) any amendment or modification of any City Document; (ii)any <br /> extensions of time for performance required by any City Document; (iii)any provision in any of <br /> the City Documents limiting City's recourse to property securing the Secured Obligations(as <br /> defined in the Deed of Trust and the City HOME Deed of Trust), or limiting the personal liability <br /> 22 <br /> OAK #4832-3506-8205 v2 <br />
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