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records pertaining to the Project, the Premises and the Loan. Upon request by the City, <br /> the Owner shall notify tenants of the Premises of upcoming inspections of their homes or <br /> records in accordance with state law. <br /> XVI. BREACH BY THE AGENCY; REMEDIES <br /> A. In the event of a material breach of any of the provisions of this AHTF Agreement by <br /> the Owner, the City may give written notice thereof to the Owner by registered or <br /> certified mail addressed to the Owner at the notice address determined pursuant to <br /> Section XXII of this Agreement. If such violation is not corrected to the satisfaction of <br /> the City within thirty (30) calendar days after the date such notice is mailed (or if the <br /> violation is one that cannot be cured within thirty (30) calendar days, within such longer <br /> 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 Agreement. <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 Owner of this AHTF 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 the <br /> Owner that the injury to the City arising from a default under and of the terms <br /> of this AHTF Agreement would be irreparable and that it would be extremely <br /> difficult to ascertain the amount of compensation to the City which would afford <br /> adequate relief, in light of the purposes and policies of the Affordable Housing <br /> 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 defective <br /> performance in any one or more instances, shall not be construed to be a waiver or <br /> relinquishment of any rights, and shall not prevent the City from pursuing that or any other <br /> City of Everett <br /> AHTF Agreement <br /> HopeWorks Station Residential LLLP <br /> Page 10 of 15 <br />