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153. <br /> <br />Financer shall have delivered written notice to the City of its <br />intention to cure and shall have commenced to cure such default <br />within sixty (60) days, and shall thereafter diligently prosecute <br />.such cure to completion. <br /> <br /> The City shall not terminate this Development Agreement <br />by reason of the Developer's default without first serving the <br />Financer with notice of default and allowing the Financer that <br />period to cure same as specified in the first paragraph above, and <br />such further period to foreclose or otherwise acquire the Property <br />so long as the Financer notifies the City that it will commence <br />foreclosure or other proceedings to acquire the Property, and <br />thereafter diligently prosecutes same to completion. If a default <br />by the Developer shall be cured by the Financer, the Financer shall <br />not be obligated to continue any foreclosure, possession or other <br />proceedings which it may have instituted. Should the Financer or <br />any party claiming through the Financer succeed to the interest of <br />the Developer in the Property, or any portion thereof, the City <br />shall recognize such party as the Developer and shall not disturb <br />its use and enjoyment of the Property pursuant to this Development <br />Agreement, provided that such party cures any default by Developer <br />which may be satisfied by the payment of money, and performs all of <br />the obligations of Developer set forth in this Development <br />Agreement which accrue thereafter. <br /> <br /> Breach of any of the covenants or restrictions contained <br />in this Development Agreement shall not defeat or render invalid <br />the lien of any mortgage or deed of trust made in good faith and <br />for value as to the Property or any part thereof or interest <br />therein, whether or not said mortgage or deed of trust is subordi- <br />nated to this Development Agreement; but unless otherwise herein <br />provided, the terms, conditions, covenants, restrictions and <br />reservations of this Development Agreement shall be binding and <br />effective against the holder of any such mortgage or deed of trust <br />and any owner of the Property, or any part thereof, whose title <br />thereto is acquired by foreclosure, trustee's sale, or otherwise. <br /> <br />25. Cooperation in the Event of Legal Challenge. <br /> <br /> In the event of any legal action instituted by any third <br />party challenging the validity or enforceability of any provision <br />of this Development Agreement, the Plan, or any of the other <br />Approvals for the Development, as the same maybe amended from time <br />to time, or the adequacy of the EIR, the parties hereby agree to <br />cooperate in defending said action as set forth in this Section 25. <br /> <br /> The city shall have the right, but not the obligation, to <br />defend any such action; provided, that without the Developer's (and <br />its successors' and assigns') prior written consent, which consent <br />shall not be unreasonably withheld, city shall not enter into any <br />settlement or compromise of any claim which has the effect, <br />directly or indirectly, of prohibiting, preventing, delaying, or <br /> <br />27 <br /> <br /> <br />