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8.22 No Subordination. City's approval of the necessary land use entitlements that <br />authorize Owner to rehabilitate, operate, and maintain the Project was based upon Owner's <br />obligation to provide the Affordable Units pursuant to the Conditional Grant Agreement. This <br />Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms <br />of secured financing recorded against the Property or any portion thereof. <br />8.23 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 />8.24 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 following page} <br />EXHIBIT 2