Remedies; Enforceability. In the event of a violation or attempted violation of any of the provisions hereof, any one or more of the following may institute and prosecute any proceeding at law or in equity to xxxxx, prevent or enjoin any such violation or attempted violation, or to recover monetary damages caused by such violation or attempted violation, the Authority or any governmental entity succeeding to the Authority’s functions or any individual who meets the income limitation applicable under Section 42 of the Code (whether prospective, present or former occupant). The provisions hereof are imposed upon and made applicable to the Project and shall run with the land and shall be enforceable against the Owner and each purchaser, grantee, owner or lessee of the Project or any portion thereof or interest therein, at any time and from time to time, and the respective heirs, legal representatives, successors and assigns of the Owner and each such purchaser, grantee, owner or lessee. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation of any similar breach or violation thereof at any later time or times. In addition, if any violation of this Agreement has not been corrected on a timely basis, the Authority may impose quarterly reporting responsibilities pertaining to such matters as the Authority deems reasonable upon the Owner. Failure by an Owner to comply with any such reporting responsibilities shall constitute a violation of this Agreement.
Appears in 4 contracts
Samples: Land Use Restriction Agreement, Land Use Restriction Agreement, Land Use Restriction Agreement
Remedies; Enforceability. In the event of a violation or attempted violation of any of the provisions hereofof this Agreement, any one or more of the following may institute and prosecute any proceeding at law or in equity to xxxxx, prevent or enjoin any such violation or attempted violation, or to recover monetary damages caused by such violation or attempted violation, the Authority or any governmental entity succeeding to the Authority’s functions or any individual who meets the income limitation applicable under Section 42 of the Code (whether prospective, present or former occupant). The provisions hereof of this Agreement are imposed upon and made applicable to the Project and shall run with the land Project Site and shall be enforceable against the Owner and each purchaser, grantee, owner or lessee of the Project or any portion thereof or interest therein, at any time and from time to time, and the respective heirs, legal representatives, successors and assigns of the Owner and each such purchaser, grantee, owner or lessee. No delay in enforcing the provisions hereof of this Agreement as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation of any similar breach or violation thereof at any later time or times. In addition, if any violation of this Agreement has is not been corrected on a timely basis, the Authority may impose quarterly reporting responsibilities pertaining to such matters as the Authority deems reasonable upon the Owner. Failure by an Owner to comply with any such reporting responsibilities shall constitute a violation of this Agreement.
Appears in 2 contracts
Samples: Restriction Agreement, Lihtc Land Use Restriction Agreement
