Agmt21 ROEM Project at 353 Main - Laserfiche WebLink

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SCHEDULE II FORM OF CONSENT ROEM Builders Incorporated , a California corporation (the "Contractor") hereby consents to the foregoing Assignment, of which this Consent is a part, and acknowledges that there presently exists no unpaid claims due to the undersigned, except as disclosed to Assignee, arising out of the preparation and delivery to Assignor of the Collateral Documents for which Contractor is responsible and/or the performance of the undersigned's obligations under any Project Agreement. The undersigned agrees that if, at any time, Assignee, pursuant to its rights under the Loan Agreement, elects to undertake or cause the completion of any work, and gives the undersigned written notice of such election; then, so long as the undersigned has received, receives, or continues to receive the compensation called for under the applicable Project Agreement, Assignee may, at its option, use and rely on the Collateral Documents for the purposes for which the documents were prepared, and the undersigned will continue to perform its obligations under the applicable Project Agreement for the benefit and account of Assignee in the same manner as if performed for the benefit or account of Assignor in the absence of this Assignment. Contractor acknowledges and agrees that the City, as the Assignee, shall have the right to assign all of its right, title, and interest in and to the Collateral Documents to any other public agency, a nonprofit corporation, or similar party, utilizing a form of assignment and assumption agreement to be provided by the City. The undersigned further agrees that, in the event of a breach by Assignor of the applicable Project Agreement, or any agreement entered into with the undersigned in connection with the Collateral Documents, so long as Assignor's interest in the applicable Project Agreement and Collateral Documents is assigned to Assignee, the undersigned will give written notice to Assignee. Assignee shall have thirty (30) days from the receipt of such written notice of default to remedy or cure said default; provided, however, nothing herein shall require Assignee to cure said default or to undertake completion of the work. The undersigned warrants and represents that Contractor has no knowledge of any prior assignment(s) of any interest in either the applicable Project Agreement or the Collateral Documents. Except as otherwise defined herein, the terms used herein shall have the meanings given them in the foregoing Assignment or the Loan Agreement, as applicable. Execution date: , 20 Title of Contract: By: Name: Its: Date of Contract: Schedule II 1199\09\2826903 2 1199\09\2727850.8 ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 143 of 143)