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faith and for value, but all of the terms and conditions contained in this Development Agreement <br /> shall be binding upon and effective against and inure to the benefit of any person or entity, <br /> including any deed of trust beneficiary or mortgagee ( "Mortgagee ") who acquires title to the <br /> Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or <br /> otherwise. <br /> 8.2. Mortgagee Not Obligated. <br /> Notwithstanding the provisions of Section 8.1 above, no Mortgagee shall have any <br /> obligation or duty under this Development Agreement to perform Developer's obligations or <br /> other affirmative covenants of Developer hereunder; provided, however, that a Mortgagee shall <br /> not be entitled to devote the Property to any uses or to construct any improvements thereon other <br /> than those uses or improvements provided for or authorized by this Development Agreement, or <br /> by the Project Approvals and Applicable Rules. <br /> 8.3. Notice of Default to Mortgagee; Right of Mortgagee to Cure. <br /> If City receives a notice from a Mortgagee requesting a copy of any Notice of Default <br /> given to Developer hereunder and specifying the address for service thereof, then City shall <br /> deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to <br /> Developer with respect to any claim by City that Developer has committed a default, and if City <br /> makes a determination of noncompliance hereunder, City shall likewise serve notice of such <br /> noncompliance on such Mortgagee concurrently with service thereof on Developer. Each <br /> Mortgagee shall have the right (but not the obligation) during the same period available to <br /> Developer to cure or remedy, or to commence to cure or remedy, the Event of Default claimed or <br /> the areas of noncompliance set forth in City's notice. <br /> 8.4. No Supersedure. <br /> Nothing in this Article 8 shall be deemed to supersede or release a Mortgagee or modify a <br /> Mortgagee's obligations under any subdivision improvement agreement or other obligation <br /> incurred with respect to the Project outside this Development Agreement, nor shall any provision <br /> of this Article 8 constitute an obligation of City to such Mortgagee, except as to the notice <br /> requirements of Section 8.3. <br /> 8.5. Technical Amendments. <br /> City agrees to reasonably consider and approve interpretations and /or technical <br /> amendments to the provisions of this Agreement that are required by lenders for the acquisition <br /> and construction of the improvements on the Property or any refinancing thereof and to <br /> otherwise cooperate in good faith to facilitate Developer's negotiations with lenders. <br /> 21 <br />