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201803290404.009 <br /> The City further agrees and acknowledges that the sale, transfer, assignment, or <br /> exchange of all or a portion of the Investor Member interest in the LLC shall not require <br /> the City's consent and shall not constitute a sale for purposes of Section 5 and shall <br /> constitute a default under this Covenant <br /> Section 6 Enforcement <br /> This Covenant, including without limitation any Approved Management and <br /> Operations Plan hereunder, may be enforced by the City, which shall have all remedies <br /> available at law or in equity in case of any breach of the terms hereof Owner agrees that <br /> such remedies may include, without limitation, (i) specific performance, including <br /> without limitation specific performance of Owner obligations under an Approved <br /> Management and Operations Plan, (ii) injunctions requiring compliance with this <br /> Covenant and Approved Management and Operations Plan, (iii) appointment of a <br /> receiver, and (iv) restitution of any unjust enrichment that may accrue to Owner or its <br /> successors or assigns from any transfer or use of the Property or any part thereof contrary <br /> to the terms hereof Owner further agrees that an Approved Management and Operations <br /> Plan may be enforced by the City,in addition to the City's rights under this Covenant, as <br /> a "written management plan" under EMC 19.39 155(3) or successor ordinance No <br /> provision of this Covenant is intended to be enforceable by any person other than the <br /> City Owner hereby agrees to pay, indemnify, and hold the City harmless from any and <br /> all costs, expenses and fees,including reasonable attorneys' fees which may be incurred <br /> by the City in enforcing or attempting to enforce this Covenant following any breach <br /> hereunder on the part of Owner or its successors, whether the same shall be enforced by <br /> suit or otherwise, together with all costs, fees and expenses, including reasonable <br /> attorneys' fees, which may be incurred in connection with any amendment to this <br /> Covenant requested by Owner <br /> Section 7 No Duty to Third Parties <br /> The City does not by this Covenant undertake any obligation to any person not a <br /> party to this Covenant, including without limitation no obligation to any actual or <br /> prospective resident of any housing unit on the Property The City shall not be liable, <br /> under any circumstances,to any such third party for any loss,damage,or expense related <br /> to the actual or intended provision of any housing unit on the Property or for any breach <br /> of the terms hereof <br /> Section 8 Compliance with Law/Records <br /> Owner shall at all times maintain and operate the Property consistent with all <br /> applicable City, State, and federal laws, ordinances,and permits Owner shall not cause <br /> or permit any activity on the Property that would constitute a nuisance Owner will keep <br /> 97, 9, <br />