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I <br /> violation is one that cannot be cured within thirty (30) calendar days, within such <br /> longer time as the City, in its sole discretion, may determine is necessary to cure the <br /> violation), the City may, without further prior notice,declare in writing a default under <br /> this Agreement, declare the Loan principal immediately due and payable pursuant to <br /> the terms of this Agreement and the Promissory Note, impose penalty interest on the <br /> Promissory Note as provided therein, and terminate or suspend this AHTF <br /> Agreement. <br /> • <br /> B. The City also may, if it deems it appropriate: <br /> 1. Apply to any court, state or federal: <br /> a. For remedy for breach of contract; <br /> b. For specific performance of this AHTF Agreement; <br /> c. For an injunction against any violation by the Agency of this AHTF <br /> Agreement; <br /> d. For the appointment of a receiver to take over and operate the Project in <br /> accordance with the terms of this AHTF Agreement; or <br /> e. For such other and further relief as may be appropriate, it being agreed by <br /> the Agency that the injury to the City arising from a default under and of the <br /> terms of this AHTF Agreement would be irreparable and that it would be <br /> extremely difficult to ascertain the amount of compensation to the City which <br /> would afford adequate relief, in light of the purposes and policies of the <br /> Affordable Housing Trust Fund. <br /> 2. As an alternative, the City may, in its sole discretion, submit the matter to <br /> arbitration. <br /> XVII. NONWAIVER OF BREACH <br /> The City's failure to insist upon strict performance of any of the terms of this AHTF <br /> Agreement, or to exercise any rights or remedies herein, or its acceptance of any <br /> defective performance in any one or more instances, shall not be construed to be a <br /> waiver or relinquishment of any rights, and shall not prevent the City from pursuing that <br /> or any other right at any future time, unless stated in a writing signed by an authorized <br /> representative of the City and attached to the original Agreement. <br /> XVIII. GOVERNING LAW; VENUE STIPULATION <br /> This AHTF Agreement has been and shall be construed as having been entered into and <br /> delivered within the State of Washington, and it is mutually understood and agreed by <br /> each party hereto that this AHTF Agreement shall be governed by the laws of the State <br /> of Washington, both as to interpretation and performance, and by applicable federal laws <br /> and regulations. <br /> City of Everett <br /> AHTF Agreement <br /> 16 Washington Home of Your Own <br /> Page 11 of 15 <br />