7.3. SR 07-20-2015 - Laserfiche WebLink

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have been discontinued or abandoned for any reason or shall have been determined adversely, then, and in every such case, Developer and City shall be restored to their former positions and rights hereunder with respect to the Mortgaged Property subject to the lien hereof. Section 4.5 Marshalling. Developer, for itself and on behalf of all persons, parties and entities which may claim under Developer, hereby waives all requirements of law relating to the marshalling of assets, if any, which would be applicable in connection with the enforcement by City of its remedies for an Event of Default hereunder, absent this waiver. City shall not be required to sell or realize upon any portion of the Mortgaged Property before selling or realizing upon any other portion thereof. Section 4.6 Waivers. No waiver of any provision hereof shall be implied from the conduct of the parties. Any such waiver must be in writing and must be signed by the party against which such waiver is sought to be enforced. The waiver or release of any breach of the provisions set forth herein to be kept and performed shall not be a waiver or release of any preceding or subsequent breach of the same or any other provision. No receipt of partial payment after acceleration of any of the Obligations shall waive the acceleration. No payment by Developer or receipt by City of a lesser amount than the full amount secured hereby shall be deemed to be other than on account of the sums due and payable hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and City may accept any check or payment without prejudice to City’s right to recover the balance of such sums or to pursue any other remedy provided in this Mortgage. The consent by City to any matter or event requiring such consent shall not constitute a waiver of the necessity for such consent to any subsequent matter or event. Section 4.7 City’s Right to Cure Defaults. If Developer shall fail to comply with any of the terms of the Abatement Documents with respect to the procuring of insurance, the payment of taxes, assessments and other charges, the keeping of the Mortgaged Property in repair, or any other term contained herein or in any of the other Abatement Documents, City may make advances to perform the same without releasing Developer from any of the Obligations. Developer agrees to repay upon demand all sums so advanced and all sums expended by City in connection with such performance, including without limitation attorneys’ fees, with interest at the Default Rate from the dates such advances are made, and all sums so advanced and/or expenses incurred, with interest, shall be secured hereby, but no such advance and/or incurring of expense by City, shall be deemed to relieve Developer from any default hereunder or under any of the other Abatement Documents, or to release Developer from any of the Obligations. Section 4.8 Suits and Proceedings. City shall have the power and authority, upon prior notice to Developer, to institute and maintain any suits and proceedings as City may deem advisable to (i) prevent any impairment of the Mortgaged Property by any act which may be unlawful or by any violation of this Mortgage, (ii) preserve or protect its interest in the Mortgaged Property, or (iii) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if, in the sole opinion of City, the enforcement of or compliance with such enactment, rule or order might impair the security hereunder or be prejudicial to City’s interest. C-12 455958v10 SJS EL185-31