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Attachment A 1 1. City may make advances or take other steps to cure the default, and where necessary, enter the 2 Property for that purpose. The Developer shall pay all sums so advanced or expenses incurred by 3 the City upon demand, with interest from the date of such advances or expenses at the rate of 10% 4 per annum or the maximum allowed by law, whichever is less. No action taken by the City 5 pursuant to this section shall be deemed to relieve the Developer from curing any such default or 6 from any other default hereunder. The City shall not be obligated, by virtue of the existence or the 7 exercise of this right, to perform any such act or cure any such default. 8 2.Obtain an order from a court of competent jurisdiction requiring the Developer to specifically 9 perform its obligations pursuant to the terms and provisions of this Agreement. 10 3. Obtain an order from a court of competent jurisdiction enjoining the continuation of an event 11 of default. 12 4. Halt all development work and construction of improvements until such time as the event of 13 default is cured. 14 5. Withhold the issuance of a building permit and/or prohibit the occupancy of any structure(s) 15 for which permits have been issued. 16 6. Draw upon and utilize the Developer’s Financial Security to cover the costs of the City in order 17 to correct the default, the costs to complete any unfinished Public Improvements, the costs to draw 18 on the Financial Security and/or the costs to enforce this Agreement. 19 7. Terminate this Agreement by written notice to Developer at which time all terms and 20 conditions contained herein shall be of no further force or effect and all obligations of the parties 21 imposed hereunder shall be null and void. 22 8. Exercise any other remedies which may be available to it at law or in equity. 23 9. In addition to the remedies and amounts payable set forth or permitted above, upon the 24 occurrence of an event of default, the Developer shall pay to the City all fees and expenses, 25 including reasonable attorney’sfees, incurred by the City as a result of the event of default, whether 26 or not a lawsuit or other action is formally taken. 27 10. The Developer shall defend, indemnify, and hold the City and its mayor, councilmembers, 28 employees, agents and contractors harmless from any liability or damages, including reasonable 29 attorney’s fees, which may be incurred as a result of the exercise of the City’s rights pursuant to 30 this Agreement except with respect to liability or damages arising from the gross negligence or 31 willful misconduct of the City, its mayor, councilmembers, employees, agents or contractors. 32 Investor and Lender Notice and Cure. The City hereby acknowledges and agrees that no notice 33 delivered to Developer pursuant to this Agreement shall be deemed effective unless a written copy of 34 such notice is also delivered to the Developer’s investor limited partner, NHT Equity, LLC (the 35 “Investor”) and Developer’s mortgage lender, Minnesota Housing Finance Agency (“MHFA”) at the 36 addresses set forth below (or such other address as Investor or MHFA may designate in writing from 37 time to time). The City further acknowledges and agrees that Investor and MHFA shall each have the 38 right, but not the obligation, to cure any Developer default hereunder within thirty (30) days of receipt 39 of written notice from the City of such default; provided however that, in the event of a default is not 40 susceptible to being cured within such thirty (30) days, the City will allow Investor or MHFA such 41 additional time to cure such default provided Investor or MHFA has commenced to cure such default 42 and is diligently proceeding to cure such default. Page 9 of 15