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9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and <br />provide reasonable assistance to the other to the extent contemplated hereunder in the performance <br />of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. <br />Upon the request of either Party at any time, the other Party shall promptly execute, with <br />acknowledgment or affidavit if reasonably required, and file or record such required instruments <br />and writings and take any actions as may be reasonably necessary under the terms of this <br />Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or <br />consummate the transactions contemplated by this Agreement. City hereby authorizes City <br />Manager to take such other actions and negotiate and execute any additional agreements as may <br />be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager <br />may delegate her or his powers and duties under this Agreement to an authorized management <br />level employee of the City. <br />9.21 Estoppel Certificate. Within ten (10) business days ollowing a written request by <br />any of the Parties, the other Party shall execute and deliver to questing Party a statement <br />certifying that (i) either this Agreement is unmodified and ' and effect or there have <br />been specified (date and nature) modifications to the Agre wins in full force and <br />effect as modified; and (ii) either there are no knowr , defaults under this <br />Agreement or that the responding Party alleges that per re) defaults exist. The <br />statement shall also provide any other reasonable fc 'ti ,Led. The failure to timely <br />deliver this statement shall constitute a conclus ump" his Agreement is in full force <br />and effect without modification, except as ,enL .,y the requesting Party, and that <br />there are no uncured defaults in the prr -westing Party, except as may be <br />represented by the requesting Party. _ <br />9.22 No Subordinatio f the necessary land use entitlements that <br />authorize Developer to develr1k AWOMWTtain the Project was based upon Developer's <br />obligation to provide the Af' I th .ant to the State Density Bonus Law, City Density <br />Bonus for Affordable . ''e i, and conditions of this Agreement. For the Tenn of <br />the Density Bonus ee. t'this Agreement shall have priority over any and all <br />mortgages, deeds of 4e similar forms of secured financing recorded against the <br />Property or any portion t evoloper expressly understands and acknowledges that state law <br />requires preservation of a odbility 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 />19 <br />60A-202 <br />