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acknowledge and agree that different Mortgages may encumber the <br />Property and that there may be a separate Mortgage In effect with <br />respect to separate parcels within the Property, It is the Intention of the <br />Parties that the rights and protections granted in this Section 8 to each <br />Mortgagee shall only apply to the parcels upon which such <br />Mortgagee's Mortgage is a lien (each a "Mortgage Parcel "), and to the <br />rights, privileges and obligations under this First Amended and Restated <br />Development Agreement relating to such Mortgage Parcel, <br />8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to <br />Cure. With respect to any mortgage or deed of trust granted by Owner as <br />provided herein, whenever the City delivers any Notice or demand to <br />Owner with respect to any Breach by Owner under this First Amended and <br />Restated Development Agreement and if Owner fails to cure the Breach <br />within the time set forth herein, the City shall deliver to each Mortgagee a <br />copy of such notice or demand accompanied by a writing to the affect that <br />Owner has failed to cure a Breach ( "Mortgagee Notice "); provided that <br />Owner or Mortgagee has provided City with addresses for such purpose, <br />Each such Mortgagee shall (insofar as the rights granted by the City are <br />concerned) have the right, at its option, within thirty (30) days after the <br />receipt of the Mortgagee Notice, to cure or remedy or commence to cure or <br />remedy and thereafter to pursue with due diligence the cure or remedy of any <br />such Breach and to add the cost thereof to the mortgage debt and the lien <br />of Its mortgage; provided, however if the Mortgagee is legally prevented <br />from curing such Breach because of a bankruptcy by the Owner then the <br />thirty (30) day period shall be tolled until such bankruptcy is confirmed or <br />rejected, Nothing contained in this First Amended and Restated <br />Development Agreement shall be deemed to permit or authorize such <br />Mortgagee to take advantage of Owner's rights hereunder, or any portion <br />thereof, without first having expressly assumed Owner's obligations to the <br />City by written agreement reasonably satisfactory to the City. It is <br />understood that a Mortgagee shall be deemed to have satisfied the thirty <br />(30) day time limit set forth above for commencing to cure or remedy <br />Owner default which requires title and /or possession of the Property (or <br />portion thereof) if and to the extent any such Mortgagee has within such <br />thirty (30) day period commenced proceedings to obtain title and /or <br />possession and thereafter the Mortgagee diligently pursues such <br />proceedings to completion and cures or remedies the Breach, provided <br />that, in such event, all noncurable Defaults shall be waived. <br />8.3 Mortgagee Not Obligated Under this First Amended and Restated <br />Development Agreement. Unless a Mortgagee expressly assumes <br />Owner's Obligations to the City in accordance with Section 8,2, no <br />Mortgagee shall in any way be obligated by the provisions of this First <br />0676 1 915 4 48B3W 21 <br />