RecDoc 2016-063770 City Center Plaza

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. . I . . • . _ .. - . :Cr:- . : . • . . •Y •, �± ' . s' •i 14.AMENDMENT E (I) Except is provided in this Article 14 or elsewhere in this REA, this REA may be amended only F by a writing signed and acknowledged by the Parties and recorded in the Official Records. if u Mortgage so f 1 requires. no amendment shall be binding on u Mortgagee unless such Mortgagee has consented thereto in writing. (2) No Party, nor any Mortgagee whose consent is requested, shalt unreasonably withhold or delay . appnzval of any amendment requested by another Party. provided that such amendment does not result in increased unrcimburscd costs or other material detriment for the Party or Mortgagee whose consent is requested (including, without limitation, a material decrease in value of such Party's Parcel or a material impairment of such Party's operations). A Party requesting any such amendment shall agree to bear the reasonable attorneys' fees of the other Parties and Mongagees in connection with reviewing and appmving such amendment, I 15.TERMINATiON DATE i r s I CD x '' u This REA shall remnin in force and effect until sixty (60) years from the date of this REA . O =i ('Termination Date") and shall be automatically renewed thereafter, provided, however, that this REA shall O terminate on such earlier date as may be required In order that this REA will not be invalidated or be subject to • 4 invalidation under applicable Law. Notwithstanding the foregoing. any casements granted to an Owner which CD A . • exist on the Termination Date shall continue in perpetuity so long as such Party has Improvements on its Parcel. • j and has not abandoned its easement, notwithstanding the rights and remedies provided,in Article 3 so long us the • .% . , I use or such easement or right continues. ) - . S t 16.NO DEDICATION ` C.• '. . N.) . Nothing contained in this REA shall be deemed to create or result in a dedication of any portionpf the 1 . • Property for public use ortta create any rights in the general public: 17.MISCELLANEOUS 1 17.1 Exhibits. Each reference herein to an Exhibit refers lo the applicable Exhibit that is attached to • thii: REA. which Exhibit may be amended by the Parties froth time to time in Accordance with the provisions of • Article 14 hereof. All such Exhibits constitute a part of this REA, 1 17.2 REA for Exclusive Benefit of the Parties. Except for provisions expressly stated to be for a • ; ' • Mortgagees benefit. the provisions of this REA are for the exclusive benefit of the Parties, their successors and : assigns, and not for the benefit of nor give rise to any claim or cause of action by any third Person, and this I ' - . REA shall not be deemed to have conferred any rights upon any third Person: 1 • i . . - ,• I s 17.3 Waiver of Default. A waiver of any default by a Party must be in writing and no such waiver • shalt be implied from.a Party's failure to take action regarding such default:• One or mum written waivers of any !' default in the performance of any p ovisiori of this REA shalt not be deemed to be a waiver of any subsequent Default in the performance of the same provisions of any other term or provision contained herein. . . • 17.4 Recourse. Notwithstanding any provision in the REA to the contrary, except as provided in • i - , Section 17.11, if any Party has a liquidated claim or money damages against any other Party hereunder, the amount of which is not in dispute. the sole remedy of any other Party shall be to foreclose a lien ai described in . Article 6 hereof, and no other Party will seek a money judgment against any Party in addition to foreclosing ! such lien. except (after notice as provided in Article 6 hereof): _ . ' (1) If any Party pays any insurunce premium which tad Party failed to pay under Article 8 hereof: such Party may recover the amount of utty such premium paid: - • • . • • 1 . t I I L • jt 5 . • • t 1 . • 1I - .• I , 1 .. , 1 •. ..