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7.3 Damages upon Termination. In no event shall Property Owner be entitled to any damages against the City upon termination of this First Amendment for an Owner Event of Default. 7.4 Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or First Amendments set forth in the First Amendment, or to enjoin any threatened or attempted violation of the First Amendment; or to obtain any remedies consistent with the purpose of the First Amendment. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California, Southern Division. 8. ENCUMBRANCES AND RELEASES ON PROPERTY. 8.1 Discretion to Encumber. This First Amendment shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Sky Lofts Property or any portion of the Sky Lofts Property or any improvement on the Sky Lofts Property by any mortgage, deed of trust, or other security device (or any number of them) securing financing with respect to the Sky Lofts Property or its improvement (any such encumbrance, a "Mortgage"). 8.2 Entitlement to Written Notice of Default. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Sky Lofts Property or any part thereof and their successors and assigns ("Mortgagee") shall, upon written request to the City, be entitled to receive from the City written notification of any Owner Event of Default. 8.3 Performance of Covenants. The Mortgagee shall have the right, but no obligation, to perform any term, covenant or condition and to remedy any Owner Event of Default hereunder within the time periods specified herein, and the City shall accept such performance with the same force and effect as if furnished by the Owner; provided, however, that said Mortgagee shall not thereby or hereby be subrogated to the rights of the City. 8.4 Default by the Owner. In the event of an Owner Event of Default that has not been cured by the Owner or as to which there is no cure period hereunder, the City agrees not to terminate this First Amendment (1) unless and until the City provides written notice of such default to any Mortgagee and such Mortgagee shall have failed to cure such Owner Event of Default within ninety business days after the later of delivery of such notice or expiration of any applicable Owner cure period, and (2) as long as: (a) In the case of an Owner Event of Default that cannot practicably be cured by the Mortgagee without taking possession of the Sky Lofts Property (which defaults shall not include defaults "not susceptible of being cured" as defined below), (i) the Mortgagee has delivered to the City, prior to the date on which the City shall be entitled to give notice of termination, a written instrument wherein the Mortgagee unconditionally agrees that (subject to such delays as maybe incident to obtaining a relief from stay in the case of a is 75A-196