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and (c) on final determination of the proceeding or contest, Owner immediately pays or <br /> discharges any decision or judgment rendered against it, together with all costs, charges and <br /> interest. The foregoing is not intended to impair Owner's ability to apply for any applicable <br /> exemption from property taxes or other assessments and fees. <br /> 6.8 Insurance Coverage. Throughout the term of this Agreement Owner shall comply <br /> with the insurance requirements set forth in Attachment B, and shall, at Owner's expense, <br /> maintain in full force and effect insurance coverage as specified in Attachment B. <br /> 6.9 Property Damage or Destruction. If any part of the Project is damaged or <br /> destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent <br /> restriction requirements set forth in this Agreement. Such work shall be commenced as soon <br /> as reasonably practicable after the damage or loss occurs and shall be completed within one <br /> year thereafter or as soon as reasonably practicable, provided that insurance proceeds are <br /> available to be applied to such repairs or restoration within such period and the repair or <br /> restoration is financially feasible. During such time that lenders or low-income housing tax <br /> credit investors providing financing for the Project impose requirements that differ from the <br /> requirements of this Section 6.9 the requirements of such lenders and investors shall prevail. <br /> 7. Recordation; Subordination. This Agreement shall be recorded in the Official Records of <br /> San Mateo County. Owner hereby represents, warrants and covenants that with the exception of <br /> easements of record, absent the written consent of City, this Agreement shall not be subordinated <br /> in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or <br /> other interest in the Property or the Project. If at the time this Agreement is recorded, any <br /> interest, lien, or encumbrance has been recorded against the Project in position superior to this <br /> Agreement, upon the request of City, Owner hereby covenants and agrees to promptly undertake <br /> all action necessary to clear such matter from title or to subordinate such interest to this <br /> Agreement consistent with the intent of and in accordance with this Section 0, and to provide <br /> such evidence thereof as City may reasonably request. Notwithstanding the foregoing, the City <br /> agrees that the City will not withhold consent to reasonable requests for subordination of this <br /> Agreement to deeds of trust provided for the benefit of lenders identified in the Financing Plan <br /> (as defined in the DDA) as it may be updated with City approval, provided that the instruments <br /> effecting such subordination include reasonable protections to the City in the event of default, <br /> including without limitation, extended notice and cure rights. <br /> 8. Transfer and Encumbrance. <br /> 8. 1 Restrictions on Transfer and Encumbrance. During the term of this Agreement, <br /> except as permitted pursuant to the DDA or this Agreement, Owner shall not directly or <br /> indirectly, voluntarily, involuntarily or by operation of law make or attempt any total or partial <br /> sale, transfer, conveyance, assignment or lease (collectively, "Transfer") of the whole or any <br /> part of the Property, the Project, or the improvements located on the Property, without the prior <br /> written consent of the City, which approval shall not be unreasonably withheld. In addition, <br /> prior to the expiration of the term of this Agreement, except as expressly permitted by this <br /> Agreement or the DDA, Owner shall not undergo any significant change of ownership without <br /> the prior written approval of City. For purposes of this Agreement, a "significant change of <br /> ownership" shall mean a transfer of the beneficial interest of more than twenty-five percent <br /> ATY/AGR/2017.218/RWC — BRADFORD — DDA <br /> REV: 09-18-17 VR <br /> Page 76 of 94 <br />