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i <br /> EXHIBIT 2 <br /> i <br /> (a) Terminate this Agreement by giving written notice to Grantee and seek <br /> monetary damages for breach of the Agreement or restitution for the FIHAP Grant.Upon written <br /> notice of termination and demand from tl-ie City, Grantee shall repay to the City all or some <br /> portion of the PIFIAP Grant proportionate to the scale and duration of the uncorrected <br /> noncompliance relative to the term of the Regulatory Agreement, or, at City's election,the total <br /> amount of.funds disbursed by the City for the HHAP Grant multiplied by the percentage of the <br /> Project that has not been completed;provided,however,for an Event of Default described in <br /> Section 15.1{c), Grantee shall automatically, and without notice or other action on City's part, <br /> cause all such amounts to be iminediately due and payable, <br /> (b) In its own Tight or by a court-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, and operate the Project in accordance with the Regulatory <br /> Agreement. <br /> (c) Exercise any of its rights under this.Agreement,the RegulatorT <br /> Agreement, and any rights provided by law,including,without limitation,the right to seek <br /> specific performance and the right to foreclose on any security and exercise any other rights with ; <br /> respect to any security,inclusive of the Construction Security, all in such order and manner as t <br /> City elects in its sole and absolute discretion. <br /> (d) Suspend or terminate the award of City funds if Crrantee fails to comply <br /> with any term of such award. <br /> (e) Foreclose on the City Deed of Trust. <br /> 15.3 Cumulative Remedies:No Waiver. City's rights and remedies under the Grant � <br /> Docionents 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 i <br /> City in the exercise of any other right or remedy,No waiver of any default shall be implied <br /> from any omission by City to take action on account of such default if such default persists or is <br /> repeated.No waiver of any default shall affect any default other than the default expressly <br /> waived, and any such waiver shall be operative only for the time and to the extent stated.No <br /> waiver of any provision of any Grant Document shall be construed as a waiver of any i <br /> subsequent breach of the same provision. City's consent to or-approval of any act by Grantee <br /> requiring further consent or approval shall not be deemed to waive or render unnecessary City's 1 <br /> consent to or approval of any subsequent act. The City's acceptance of the late performance of <br /> any obligation shall not constitute a waiver by City of the right to require prompt performance <br /> of all fixrther obligations; City's acceptance of any performance following the sending or filing <br /> of any notice of default shall not constitute a waiver of either party's right to proceed with the <br /> exercise of its remedies for'any unfulfilled obligations; and City's acceptance of any partial <br /> performance shall not constitute a waiver by City of any rights. <br /> 1 <br /> i <br /> City Council 1 E — 39 5/19/2025 <br />