GROUND LEASE - RIDGE VIEW COMMONS II

diligently proceeded with all requisite actions to effect such removal and replacement. City shall provide a copy of any notice of default hereunder to the limited partners at the address set forth in Section 11.3 hereof, or to such other address provided to the City in writing, concurrently with the provision of such notice to Owner. 9.3 Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies: (i) Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; (ii) Accelerate and declare the balance of the Note and interest accrued thereon immediately due and payable and proceed with foreclosure under the Deed of Trust; (iii) For violations of obligations with respect to rents for Restricted Units, impose a charge in an amount equal to the actual amount collected in excess of the Affordable Rent; or (iv) Pursue any other remedy allowed under the City Documents or at law or in equity. Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. 10. Indemnity. To the greatest extent permitted by law, Owner shall indemnify, defend (with counsel approved by City) and hold the Indemnitees harmless from and against all Claims arising directly or indirectly, in whole or in part, as a result of or in connection with Owner's or Owner's employees', agents', contractors', or subcontractors' (all of the foregoing, collectively, "Owner's Parties") rehabilitation, construction, management, or operation of the Property and the Project, failure to comply with applicable law, including without limitation, State and federal fair housing laws, or any failure to perform any obligation as and when required by this Agreement. Owner's indemnification obligations set forth in this Section: (i) shall survive the expiration or earlier termination of this Agreement; (ii) shall apply whether or not any insurance policies shall have been determined to be applicable to any Claim, (iii) shall not extend to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees, and (iv) shall be subject to the additional provisions set forth in Section 10.1. 10.1 Terms Applicable to [ndenmity Provisions. The terms set forth in this Section 10.1 shall apply to all provisions of this Agreement that pertain to Owner's obligations to indemnify City and the other Indemnitees, including without limitation, Secl1Oils 3.1. 3. 10, and 10. In connection with each such provision, all of the following shall apply: 29 4879-3324-5885v3