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certifying that (i) either this Agreement is unmodified and in fall force and effect or there have <br />been specified (date and nature) modifications to the Agreement, but it remains in full force and <br />effect as modified; and (ii) either there are no known current uncured defaults under this <br />Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The <br />statement shall also provide any other reasonable information requested. The failure to timely <br />deliver this statement shall constitute a conclusive presumption that this Agreement is in full force <br />and effect without modification, except as may be represented by the requesting Party, and that <br />there are no uncured defaults in the performance of the requesting Party, except as may be <br />represented by the requesting Party. <br />9.22 No Subordination. City's approval of the necessary land use entitlements that <br />authorize Developer to develop, operate, and maintain the Project was based upon Developer's <br />obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density <br />Bonus Law, City Housing Opportunity Ordinance, and the terms and conditions of this Agreement. <br />For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over <br />any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against <br />the Property or any portion thereof Developer expressly understands and acknowledges that state <br />law requires preservation of affordability covenants in connection with the approval of this density <br />bonus project. <br />9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action <br />against the other Party to this Agreement arising out of or in connection with this Agreement, the <br />prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs <br />of investigation, and costs of suit from the losing Party. <br />9.24 Authority to Execute. The person or persons executing this Agreement on behalf <br />of each Party warrants and represents that he or she/they have the authority to execute this <br />Agreement on behalf of his or her/their corporation, partnership or business entity and warrants <br />and represents that he or she/they has/have the authority to bind the Party to the performance of its <br />obligations hereunder. <br />(Signatures on followingpage) <br />22 <br />