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3 <br />4.The recapture provisions shall remain in effect for the full affordability period –99 <br />years. <br />C.Owner covenants that it will not knowingly take or permit anyaction that would result in <br />a violation of the affordability requirements of Orange County or of the HOME <br />Investment Partnership Program. Orange County, together with Owner, may execute and <br />record any amendment or modification of this Declaration and suchamendment or <br />modification shall be binding on third parties granted rights under this Declaration. <br />D.Owner acknowledges that the primary purpose for requiring compliance by Owner with <br />restrictions provided in this Declaration is to assure compliance with the affordability <br />requirements of Orange County and the HOME Investment Partnership Program, AND BY <br />REASON THEREOF, OWNER IN CONSIDERATION FOR RECEIVING HOME <br />INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR THE PROPERTY HEREBY <br />AGREES AND CONSENTS THAT ORANGE COUNTYSHALL BE ENTITLED, FOR <br />ANY BREACH OF THE PROVISIONS HEREIN, AND IN ADDITION TO ALL OTHER <br />REMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE BY SPECIFIC <br />PERFORMANCE OWNER’S OBLIGATIONS UNDER THIS DECLARATION IN A <br />STATE COURT OF COMPETENT JURISDICTION, WITH VENUE IN ORANGE <br />COUNTY. Owner hereby further specifically acknowledges that the beneficiaries of Owner's <br />obligations hereunder cannot be adequately compensated by monetary damages in the event <br />of any default hereunder. <br />E.This Declaration may be enforced by Orange County or its designee in the event Owner fails <br />to satisfy any of the requirements of this Declaration by proceedings at law or in equity <br />against any person or persons violating or attempting to violate any covenant. If legal costs <br />are incurred by Orange County, such legal costs, including attorney fees and court costs <br />(including costs of appeal), are the responsibility of, and may be recovered from the Owner. <br />SECTION 6MISCELLANEOUS <br />A.Severability.The invalidity of any clause, part, or provisionof this Declaration shall not <br />affect the validity of the remaining portions thereof. <br />B.Notices.Any Notice shall be in writing and shall be given by depositing the same in the <br />United States mail, post-paid and registered or certified, and addressed to the party to be <br />notified, with return-receipt requested, or by delivering the same in person to anofficer or <br />principal of such party. Notice deposited in the mail in the manner hereinabove <br />described shall be effective upon mailing. For purposes of Notice, the addresses of the <br />parties shall, unless changed as hereinafter provided, be as follows: <br />i.To the County:Orange County <br />c/o Housing and Community Development <br />Department <br />P.O. Box 8181 <br />DocuSign Envelope ID: 12C19140-2C02-498E-AD84-772B4830D31B