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8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this <br /> Agreement. <br /> 9. MORTGAGEE PROTECTION. <br /> 9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner,in any <br /> manner,at Owner's sole discretion,from encumbering the Property or any portion thereof or any <br /> improvement thereon by any mortgage, deed of trust or other security device securing financing <br /> with respect to the Property. City acknowledges that the lenders providing such financing may <br /> require certain Agreement interpretations and modifications and agrees upon request, from time <br /> to time,to meet with Owner and representatives of such lenders to negotiate in good faith any <br /> such request for interpretation or modification. City will not unreasonably withhold its consent to <br /> any such requested interpretation or modification provided such interpretation or modification is <br /> consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and <br /> notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property <br /> shall be entitled to the following rights and privileges: <br /> 9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither <br /> entering into this Agreement nor a breach of this Agreement shall defeat,render invalid, <br /> diminish or impair the lien of any mortgage on the Property made in good faith and for value, <br /> unless otherwise required by law. <br /> 9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage <br /> or deed of trust encumbering the Property or any part thereof, which Mortgagee, has submitted a <br /> request in writing to the City in the manner specified herein for giving notices, shall be entitled <br /> to receive written notification from City of any default by the applicable Owner in the <br /> performance of such Owner's obligations under this Agreement. <br /> 9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any <br /> notice of default given to Owner under the terms of this Agreement,City shall provide a copy of <br /> that notice to the Mortgagee within ten(10)days of sending the notice of default to Owner. The <br /> Mortgagee shall have the right,but not the obligation,to cure the default during the remaining <br /> cure period allowed such party under this Agreement. <br /> 9.1.4. Lender Protection Provisions. <br /> (a) Notices to Mort a ees� Mortgagee's Right to Cure. <br /> (i) Notices to Mortgagee . City shall send to each Mortgagee which <br /> has provided City written notice of its name and address, in the manner provided by Section 9.1 <br /> above, a true,correct and complete copy of any written notice sent to Owner of a default by Owner <br /> under this Agreement at the same time as and whenever any such notice of default shall be given <br /> by City to Owner, addressed to such Mortgagee at the address last furnished to City by such <br /> Mortgagee. Owner irrevocably directs that City accept, and City agrees to accept, performance <br /> and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, <br /> condition or Iimitation on Owner's,part to be kept,observed or performed hereunder with the same <br /> force and effect as though kept, observed or performed by Owner provided that such performance <br /> and/or compliance is made in accordance with the provisions of Section 10.1.4 below, <br /> Ordinance No. NS-3087 <br /> Page 30 of 41 <br />