Laserfiche WebLink
<br />ownership of voting securities, by contract or otherwise; and the terms" controlling" <br /> <br />and "controlled" have meanings correlative to the foregoing. <br /> <br />27. <br /> <br />Estoppel Certificate. <br /> <br />(a) <br /> <br />Flatirons may at any time deliver written notice to City requesting City <br /> <br />to certify in writing that: <br /> <br />(i) <br /> <br />This Agreement is in full force and effect and a binding <br /> <br />obligation of the parties; <br /> <br />(ii) <br /> <br />This Agreement has not been amended or modified either orally <br /> <br />or in writing, or if so amended, identifying the amendments; <br /> <br />and <br /> <br /> <br />(iii) <br /> <br />Flatirons is not in default in the performance of its obligations <br /> <br />under this Agreement, or if in default, describing the nature and <br /> <br />amount of those defaults. <br /> <br />(b) <br /> <br />City shall execute and return the certificate within 30 days following <br /> <br />receipt of that notice. The Planning Director is authorized to execute any estoppel <br /> <br />certificate requested by Flatirons. An estoppel certificate obtained under this Section <br /> <br />27 may be relied upon by transferees and Mortgagees. <br /> <br />28. <br /> <br />Mortgagee Protection; Certain Rights of Cure. <br /> <br />(a) <br /> <br />This Agreement is superior and senior to any lien placed upon the <br /> <br />Property, or any portion thereof, including the lien of any Mortgage. <br /> <br />Notwithstanding the foregoing, no breach of this Agreement defeats, renders <br /> <br />invalid, diminishes or impairs the lien of any Mortgage made in good faith and for <br /> <br />-42- <br /> <br />DV AGR0'3.rxJC <br />August 26, 1996 <br />