Common use of Enforcement Services Clause in Contracts

Enforcement Services. In the event of serious or repeated violations of the requirements of this Agreement, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Developer, including, without limitation, notice to the Municipality and/or to the lender Bank of noncompliance and the potential decertification of these units as low and moderate income housing, or legal action to compel the Developer to comply with the requirements of the Agreement. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing this Agreement against the Developer and to seek an attachment, including an attachment of the interest of the Developer in the Development in connection with any action to recover its fees and expenses. In the event of a violation of the provisions of a deed rider, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Affordable Unit owner or the unit owner's successors in title, including, without limitation, the Municipality and/or to the Bank of noncompliance and the potential decertification of these units as low and moderate income housing, or legal action to compel the Affordable Unit owner to comply with the requirements of the relevant deed rider. The form of deed rider will provide for payment by the Affordable Unit owner of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Affordable Unit owner thereunder or under this Agreement. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the Affordable Unit owner and in any action to seek an attachment of the relevant unit to secure payment of such fees and expenses and to assert a lien against the unit as provided in the deed rider. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than $2,000 in enforcing the provisions of the Agreement or to take any particular enforcement action against the Developer or Affordable Unit owner.