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(¢) Affomeys' fees under this Section include attorneys' fees on any appeal, and, in <br />addition, a party entitled to attorneys' fees is entitled to receive all other reasonable <br />costs and expenses incurred in connection with the action. <br /> <br />21. Estoppel Certificate. <br /> <br />(a) Owner may, from time to time, deliver written notice to City requesting City to <br />certify in writing that: <br /> <br />(i) This Agreement is in full force and effect and a binding obligation of the parties; <br />(ii) This Agreement has not been amended or modified either orally or in writing, or if <br />so amended, identifying the amendments; and <br /> <br />(iii) Owner is not in default in the performance of its obligations under this <br />Agreement, or if in default, City describe the nature and amount of those defaults. <br /> <br />(b) City shall execute and return the Estoppel Certificate within 30 days following <br />receipt of that notice. The Planning and Redevelopment Manager is authorized to <br />execute any estoppel certificate requested by Owner. An estoppel certificate obtained <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 lierl 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 /> Agmt-4~O113001 <br /> FXS:dr <br /> 02/(~4/02R, 02/I 2/02R <br /> <br /> <br />