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iM;: <br />The rights and remedies of the City hereunder are cumulative, and the City's exercise or failure to <br />exercise one or more of such rights or remedies shall not preclude City's exercise, at the same time <br />or different times, of any other right or remedy for the same Default or any other Default. <br />10. Maker's Personal Liability. Maker will be fully and personally liable for all loss, cost, <br />liability, damage, and expense (including without limitation attorneys' fees) suffered or incurred <br />by City arising from any of the following: <br />10.1 Failure to pay taxes, assessments, and any other charges that could result in liens <br />against any portion of the Property or any other Security. <br />10.2 Failure to pay and discharge any mechanics' liens, materialmen's liens, or other <br />unpermitted liens against any portion of the Property or any other Security. <br />10.3 Maker's fraud or intentional misrepresentation with respect to any <br />representations, warranties, or certifications made in the City Documents or in connection with <br />Maker's application to participate in the City's affordable housing program. <br />10.4 Maker's retention of any rental income or other income arising with respect to <br />any portion of the Property or any other Security subsequent to the date of City's delivery of any <br />notice of a Default, or which, under the terms of the City Documents, should otherwise have <br />been paid to City. <br />10.5 Maker's retention or use of insurance proceeds, condemnation awards, or other <br />similar funds or payments attributable to the Property or any other Security that pursuant to the <br />City Documents should have been paid to City or used for another purpose. <br />10.6 Waste of the Property, or any other failure to maintain, repair, or restore any <br />portion of the Property or any other Security in accordance with the requirements of the City <br />Documents. <br />10.7 The removal, demolition, damage or destruction of any portion of the Property or <br />any other Security that is neither consented to in writing by City nor fully compensated for by <br />insurance proceeds or condemnation awards. <br />10.8 The failure of the City Documents to constitute a lien or security interest, as <br />applicable, on the Property or any other Security, subject only to those exceptions, if any, <br />permitted by the City Documents or otherwise approved in writing by City. <br />10.9 Nothing in this paragraph will affect or limit the rights of City to enforce any of <br />City's rights or remedies with respect to any portion of the Property or any other Security. <br />Exhibit C <br />Page 46 <br />5 53 94.00 10 1 \43423340.1 <br />