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(g) None of the events of termination described in Section 807 ofthe DDA has occurred and is continuing as of the date of this Agreement, or if any such event of termination has occurred and is continuing as of the date of this Agreement, Developer has waived its right to terminate the DDA by reason of such occurrence of such event of termination. (h) To the best of Developer's knowledge, none of the events of termination described in Section 808 or in Section 809 of the DDA has occurred and is continuing as of the date of this Agreement, or if any such event of termination has occurred and is continuing as of the date of this Agreement, Agency, City or Developer, as applicable, has waived its right to terminate the DDA by reason of such occurrence of such event oftermination. 5. Å2reements for Lender's Benefit. Developer, Agency and City agree in favor of Lender as follows: (a) Regarding Section 515 of the DDA, notwithstanding the fact that Agency shall be entitled to reimbursement from Developer of all reasonable costs and expenses incurred by Agency in curing a default by Developer under the Deed of Trust or other Loan Documents, Agency shall have no right to enforce any of its remedies under the DDA as a result of any failure by Developer to make such reimbursement until all of Developer's obligations under the Loan Documents have been fully satisfied. (b) Notwithstanding any provisims of Section 513 of the DDA to the contrary, in the event of a judicial or nonjudicial foreclosure of the Deed of Trust, or the conveyance of all or any portion of the Project Site in lieu of such foreclosure, Agency shall recognize Lender or any other purchaser in foreclosure or transferee under a deed- in-lieu thereof ("Purchaser") as the successor of Developer under the DDA, and Lender or such Purchaser shall have the right to continue and complete the construction of the Project in the manner required by the DDA, as modified hereby; provided, however, that such construction shall at all times be subject to, and all performance shall be in accordance with, the terms and conditions of the DDA, as modified hereby, but provided that any periods of time specified in the DDA for the performance of Developer's covenants, agreements and obligations under the DDA shall be extended for a period of time equal to the period of time required by Lender in order to exercise its right to succeed to Developer's right, title and interest under the DDA (which extension shall be in addition to the extensions of time provided for in the second paragraph of such Section 513 of the DDA); provided, further, that neither Lender, any affiliate of Lender, nor any party that acquires a co-lending or participation interest in the Loan shall have any obligation to assume the covenants, agreements and obligations of Developer under the DDA as a condition to its continuation or completion of the construction of the Project, provided that: (i) the right of Lender, such affiliate or such party that acquires a co- lending or participation interest in the Loan to continue and complete construction of the Project, shall at all times be held and exercised subject to the rights and remedies of Agency and City with respect to such party as successor of Developer under the DDA, as modified hereby; and (ii) any transferee of Lender, such affiliate or such party that acquires a co-lending or participation interest in the Loan, and any Purchaser other than such - 5 - - _.... ....