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EXHIBIT D
<br /> forth in Section 4.6.3. All requirements set forth herein shall be incorporated in the Marketing
<br /> Program.
<br /> 4.15 Non-Discrimination in Housing. Developer, and any successors in interest, shall
<br /> not discriminate any person or group of persons on account of race, color, religion, sex, gender,
<br /> gender identity, gender expression, sexual orientation, marital status, national origin, ancestry,
<br /> familial or marital status, disability, veteran or military status, genetic information, political
<br /> affiliation or opinion, medical condition, pregnancy or pregnancy-related condition, or condition
<br /> of physical or mental disability or other handicap, age, or source of income or status with regard
<br /> to public assistance in the transfer, use, occupancy, tenure or enjoyment of the Property or the
<br /> Affordable Units, and the Developer,or any person claiming under or through it,shall not establish
<br /> or permit any such practice of discrimination or segregation with reference to the selection,
<br /> location,number,use or occupancy of any Homebuyer or resident of the Property or the Affordable
<br /> Units.
<br /> 5. TERM OF THIS AGREEMENT
<br /> 5.1 Term. The term of this Agreement shall commence on the Effective Date and shall
<br /> continue until the date that is forty-five (45) years after the City issues the last certificate of
<br /> occupancy for the building in which the Affordable Units are located.
<br /> 6. DEFAULT AND TERMINATION; INDEMNIFICATION
<br /> 6.1 Default. Failure or delay by any Party to perform any term or provision of this
<br /> Agreement, which is not cured within thirty(30) days after receipt of notice from the other Party
<br /> specifying the default (or such other period specifically provided herein), constitutes a default
<br /> under this Agreement;provided,however,if such default is of the nature requiring more than thirty
<br /> (30)days to cure,the defaulting Party shall avoid default hereunder by commencing to cure within
<br /> such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an
<br /> additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of
<br /> ninety (90) days). Except as required to protect against further damages, the injured Party may
<br /> not institute proceedings against the Party in default until the time for cure has expired. Failure or
<br /> delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time
<br /> of default.
<br /> 6.2 Rights and Remedies Cumulative.
<br /> 6.2.1 The rights and remedies of the Parties are cumulative, and the exercise by
<br /> either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the
<br /> same or different times, of any other rights or remedies for the same default or any other default
<br /> by the other Party. City's rights and remedies to enforce this Agreement include any and all civil,
<br /> administrative, or criminal remedies as set forth in local, state, or federal law. Notwithstanding
<br /> anything to the contrary contained in this Agreement, in no event shall either Party be liable for
<br /> speculative, consequential, punitive or other indirect damages, and each Party waives any right to
<br /> collect speculative, consequential, punitive or other indirect damages against the other Party.
<br /> 6.2.2 The City's actions and remedies may include, but are not limited to, the
<br /> following:
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