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execute any estoppel certificate requested by Owner. An estoppel certificate obtained <br /> <br />under this Section may be relied upon by transferees and Mortgagees. <br /> <br />22. Mortgagee Protection; Certain Rights of Cure. <br /> <br />(a) This Agreement is superior and senior to any lien placed upon the Property, or <br />any portion thereof, including the lien of any Mortgage. Notwithstanding the foregoing, <br />no breach of this Agreement defeats, renders invalid, diminishes or impairs the lien of <br />any Mortgage made in good faith and for value, but all of the terms and conditions <br />contained in this Agreement are binding upon and effective against any person <br />(including any Mortgagee) who acquires title to the Property, or any portion thereof, by <br />foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. <br /> <br />(b) Notwithstanding the provisions of subsection (a), no Mortgagee has any <br />obligation or duty under this Agreement to construct or complete the construction of <br />improvements, or to guarantee that construction or completion, but no Mortgagee may <br />devote the Property to any uses or construct any improvements thereon other than <br />those uses or improvements provided for or authorized by this Agreement and any <br />Approvals obtained by Owner. <br /> <br />(c) If City receives notice from a Mortgagee requesting a copy of any notice of <br />default given Owner under this Agreement and specifying the address for service <br />thereof, City shall deliver to that Mortgagee, concurrently with service on Owner, any <br />notice given to Owner with respect to any claim by City that Owner has committed an <br />Event of Default, and if City makes a determination of noncompliance under Section 16, <br />City shall also serve notice of that noncompliance on that Mortgagee concurrently with <br /> <br /> -17- <br />opfer0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/05/02R <br /> <br /> <br />