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amounts owing under the Loan Documents, together with all accrued interest and other amounts <br />owing in connection therewith, to be immediately due and payable, regardless of any other <br />specified due date; provided that any Event of Default described in Section 20.1 (e) shall <br />automatically, without notice or other action on City's par', cause all such amounts to be <br />immediately due and payable; <br />(b) In its own right or by acourt-appointed receiver, take possession of the <br />Property, enter into contracts for and otherwise proceed with the completion of the Construction <br />by expenditure of its own funds; <br />(c) Exercise any of its rights under the Loan Documents and any rights <br />provided by law, including, without limitation, the right to seek specific performance and the <br />right to foreclose on any security and exercise any other rights with respect to any security, all in <br />such order and manner as City elects in its sole and absolute discretion; and, <br />(d) Suspend or terminate the award of HOME funds if Vista Del Rio fails <br />to comply with any term of that award. <br />(e) Suspend or terminate the award of the tax increment funds if <br />Vista Del Rio fails to comply with any term of that award. <br />20.3 Cumulative Remedies: No Waiver. City's rights and remedies under the Loan <br />Documents are cumulative and in addition to all rights and remedies provided by law. The <br />exercise by City of any right or remedy shall not constitute a cure or waiver of any default, nor <br />invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the <br />Agency or City in the exercise of any other right or remedy. No waiver of any default shall be <br />implied from any omission by City to take action on account of such default if such default <br />persists or is repeated. No waiver of any default shall affect any default other than the default <br />expressly waived, and any such waiver shall be operative only for the time and to the extent <br />stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any <br />subsequent breach of the same provision. City's consent to or approval of any act by Vista Del <br />Rio requiring further consent or approval shall not be deemed to waive or render unnecessary <br />City's consent to or approval of any subsequent act. The Agency or the City's acceptance of the <br />late performance of any obligation shall not constitute a waiver by City of the right to require <br />prompt performance of all further obligations; City's acceptance of any performance following <br />the sending or filing of any notice of default shall not constitute a waiver of either party's right to <br />proceed with the exercise of its remedies for any unfulfilled obligations; and City's acceptance of <br />any partial performance shall not constitute a waiver by City of any rights. <br />21. MISCELLANEOUS <br />21.1 Obligations Unconditional and Independent. Notwithstanding the existence at <br />any time of any obligation or liability of City to Vista Del Rio, or any other claim by Vista Del <br />Rio against City, in connection with the Loan or otherwise, Vista Del Rio hereby waives any <br />right it might otherwise have (a) to offset any such obligation, liability or claim against Vista Del <br />Rio's obligations under the Loan Documents, or (b) to claim that the existence of any such <br />39 <br />80A-115 <br />