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subcontractor which performed any construction work for Lessee or Lessee's affiliates on the <br /> Improvements or Alterations shall assert any claim against Lessor on account of any damage <br /> alleged to have been caused by reason of acts of negligence of Lessee or Lessee's affiliates, <br /> members, partners, officers, directors, affiliates, agents, employees or construction contractors, <br /> Lessee shall defend at its own expense any suit based upon such claim; and if any judgment or <br /> claim against Lessor shall be allowed, Lessee shall pay or cause to be paid or satisfied such <br /> judgment of claim and pay all costs and expenses in connection therewith The provisions of this <br /> Section shall survive the expiration or termination of this Lease. <br /> ARTICLE 8 <br /> MORTGAGE LOANS <br /> Section 8 1 Intentionally omitted <br /> Section 8 2 Liens and Encumbrances Against the Leasehold Estate. The Lessee shall <br /> have the right to encumber the Leasehold Estate and the Improvements with leasehold deeds of <br /> trust, mortgages, and regulatory and affordability agreements related to the Approved Loans <br /> without Lessor's consent (collectively, "Liens") provided that all documents evidencing such <br /> Liens are consistent with the terms and conditions of this Lease and the Financing Plan <br /> (a) For as long as there is any Lien securing any Approved Loan <br /> (1) Lessor shall not agree to any cancellation, termination (except for a <br /> termination for a default by Lessee which is not cured by Lessee or Lender in accordance with <br /> this Lease), or accept any surrender of this Lease, nor shall Lessor consent to any amendment or <br /> modification of this Lease without the prior written consent of the Lenders that have outstanding <br /> Approved Loans. In the event that Lessor receives competing or conflicting offers to cure any <br /> default under this Lease, Lessor shall accept the offers to cure in the following order first, <br /> Lessee or the limited partner(or members, as applicable) therein, then each Lender in the same <br /> relative pnonty as their respective Liens. <br /> (2) Notwithstanding any default by Lessee under this Lease, Lessor <br /> shall have no right to terminate this Lease unless Lessor shall have given the Lenders that have <br /> outstanding Approved Loans wntten notice of such default and such Lenders shall have failed to <br /> remedy such default or acquire the Leasehold Estate or commence foreclosure or other <br /> appropriate proceedings as set forth in, and within the time specified by, this Section 8.2 <br /> (3) Any Lender that has an outstanding Approved Loan shall have the <br /> right, but not the obligation, at any time to pay any or all of the Rent or Additional Rent due <br /> pursuant to the terms of this Lease, and do any other act or thing required of Lessee by the terms <br /> of this Lease, to prevent termination of this Lease Lessor shall provide each Lender written <br /> notice of default concurrently with delivery of such notice to Lessee Each Lender shall have the <br /> same period to cure such default as afforded to Lessee, extended by an additional twenty(20) <br /> days in the case of a monetary default, and by an additional forty-five (45) days in the case of a <br /> nonmonetary default The notice of default shall describe the action necessary to cure the <br /> default, and shall include, with respect to any monetary default, a detailed statement identifying <br /> 19 <br /> 191\52\1656915 8 <br /> OAK#4834-9609-1684 v9 <br />