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(c) No Voluntarv Amendment ar Termination without Consent. No <br /> amendment or termination of this Agreement by joint action of the City and the Developer shall <br /> be binding on a Lender, unless done with the prior written consent of the Lender. <br /> (d) Notices of Default. If the City gives any notice of Default to the <br /> Developer, the City will promptly send a copy of such notice to each Permitted Encumbrance of <br /> which the City has received notice and an address for service of notices. No notice by the City <br /> shall be effective against a Lender, unless and until the City has sent a copy of such notice to the <br /> Lender; provided that the City is only required to send notices to Lenders of which the City has <br /> received notice and an address for service of notices. <br /> (e) Cure Ri�. A Lender shall have the right, but not the obligation, at any <br /> time prior to termination of this Agreement, to perform any obligation and cure any Default of <br /> the Developer under this Agreement. <br /> (� Limitation on Termination Ri�ht. If any Default of the Developer shall <br /> occur that entitles the City to terminate this Agreement, the City shall not be entitled to terminate <br /> this Agreement, if a Lender shall do all of the following: <br /> (i) In the case of any monetary default, cure the monetary default, <br /> within fifteen (15) business days after expiration of the time period for the Developer to cure the <br /> monetary default; <br /> (ii) In the case of any non-monetary default that a Lender can <br /> reasonably cure without possession of the Site, provided that the Lender has cured all monetary <br /> defaults, the Lender commences the cure of such non-monetary default, within thirty (30) days <br /> following expiration of the time period for the Developer to cure the non-monetary default and, <br /> then, diligently prosecutes the cure of such non-monetary default to completion, within a <br /> reasonable time; <br /> (iii) In the case of any non-monetary default that a Lender cannot <br /> reasonably cure without possession of the Site, provided that the Lender has cured all monetary <br /> defaults, the Lender commences proceedings to foreclose on its Permitted Encumbrance, within <br /> sixty (60) days after expiration of the time period for the Developer to cure the non-monetary <br /> default and, then, diligently pursues such foreclosure proceedings to completion, within a <br /> reasonable time. After obtaining possession of the Site, if at all, the Lender shall commence the <br /> cure of all non-monetary defaults that a Lender can reasonably cure, within thirty (30) days after <br /> obtaining possession of the Site and, then, diligently prosecute the cure of such non-monetary <br /> defaults to completion, within a reasonable time; and <br /> (iv) Perform all of the Developer's covenants of this Agreement that <br /> can be performed by such Lender, until such time as the applicable Permitted Encumbrance shall <br /> be released or reconveyed or the fee title to all of the Site shall be transferred by judicial <br /> foreclosure, exercise of power of sale or assignment in lieu of foreclosure, pursuant to the <br /> Permitted Encumbrance. <br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA <br /> REV:08-18-15 VR <br /> Page 26 of 40 <br /> 82483.00019\9644366.16 <br />