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Affordability Term"). Upon the initial sale of all Affordable Units to Eligible Households pursuant <br /> to this Agreement, the Parties shall cooperate to execute and record a release or termination as to <br /> the Unrestricted Units, <br /> 5.2 Continuing Obligation to Pgy the City Equity Share. Notwithstanding the <br /> expiration of the Total Affordability Term, the City shall have the right to receive payment for the <br /> City Equity Share, and enforce the Affordable Housing Resale Restrictions, the City Promissory <br /> Note, and the City Deed of Trust until satisfactory payment of the City Equity Share. <br /> 6. DEFAULT AND TERMINATION, INDEMNIFICATION <br /> 6.1 Default. Failure or delay by any Party to perform any term or provision of <br /> this Agreement, which is not cured within thirty (30) days after receipt of notice from the other <br /> Party specifying the default (or such other period specifically provided herein), constitutes a <br /> default under this Agreement; provided, however, if such default is of the nature requiring more <br /> than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to <br /> cure within such thirty(30)day period, and thereafter diligently pursuing such cure to completion <br /> within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a <br /> total of ninety (90) days). Except as required.to protect against further damages, the injured Party <br /> may not institute proceedings against the Party in default until the time for cure has expired. <br /> Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it <br /> change the time of default. <br /> 6.2 Remedies. <br /> 6.2.1 Any individual who sells or rents(including subleasing)an Affordable Unit <br /> in violation of the provisions of this Agreement shall be required to forfeit to City all monetary <br /> amounts so obtained. <br /> 6.2.2 City may institute any appropriate legal actions or proceedings necessary to <br /> ensure compliance with this Agreement, including but not limited to: <br /> (a) Actions to revoke, deny or suspend any permits and/or certificate of <br /> occupancy; <br /> (b) Actions under the Affordable Housing Resale Restrictions, City <br /> Promissory Note, or City Deed of Trust executed by a Homebuyer; <br /> (e) Actions for injunctive relief, damages, or other monetary relief; and <br /> (d) Civil citations or penalties. <br /> 6.3 Rights and Remedies Cumulative. The rights and remedies of the Parties are <br /> cumulative, and the exercise by either Party of one or more of its rights or remedies shall not <br /> preclude the exercise by it, at the same or different times, of any other rights or remedies for the <br /> same default or any other default by the other Party. <br /> Page 17 <br /> 55394,00101\43423340.1 <br />