75A - PH - AMEND DEV AGMT 1901 E FIRST ST

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(or portion thereof) if and to the extent any such Mortgagee has within such thirty (30) day period commenced proceedings to obtain title and/or possession and thereafter the Mortgagee diligently pursues such proceedings to completion and cures or remedies the Breach, provided that, in such event, all noncurable Defaults shall be waived. 8.3 Mortgagee Not Obligated Under thethis First-Amended and Restated E)eye Lament Agreement. Unless a Mortgagee expressly assumes Owner's Obligations to the City in accordance with Section 8.2-above, no Mortgagee shall in any way be obligated by the provisions of this First Amended and Restated De?eIQ Agreement, nor shall any covenant or any other provision in this First Amended and Restated Development Agreement be construed so-to obligate such Mortgagee. Nothing in this First Amended and-Restated Development Agreement shall be deemed to construe, permit or authorize any such Mortgagee to devote the Mortgage Parcel to any uses or to construct any improvements thereeaon the MQtg-age-e_Parcel, other than those uses or improvements provided for or authorized by this First_ Amended and Restated Develo ment Agreement. 8.4 No Liability. No Mortgagee shall have any personal-liability beyond its interest in the Mortgage Parcel acquired by--it-through enforcement of its Mortgage for the performance or payment of any covenant, liability, warranty or obligation hereunder -and-theunder this First Amende -ram Restated Deyelopment_Agreement. City agrees that it shall look solely to the interests of such Mortgagee in such Mortgage Parcel for payment or discharge of any such covenant, liability, warranty or obligation. 8.5 No Amendment or Termination. This First Amended and Restated DeMQp-merM Agreement shall not, without the prior written consent of all Mortgagees holding Mortgages on eashanyt portion of the Property-ta-be affected- hereby, be amended 6o-as-to (a) terminate this First Amended and Restated Developme to Agreement prior to the expiration of the Term here4-(except as expressly provided in -Section-8-4--above-with respell to -such--P-feperty-} j or (b) change any provision of this First Amended and Restated Development Agreement which, by its terms{ is specifically for the benefit of Mortgagees--or--specifieally-confers-Fights--OH Mortgagees. No amendment to this First Amended and Restated Develoam?tr Agreement affecting the Property or any part thereof, made without the consent of any Mortgagee holding a Mortgage on such Property, or any part thereof, shall be binding upon such Mortgagee or its successors in interest should it become a party hereto. 64902067M\42-174 { 5" 4883205 -24- 75A-80