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<br />533940v3 GAF EL185-57533940v3 GAF EL185-57 <br />-6- <br /> <br /> 11.10. Assignability. Borrower shall not assign this Agreement or all or any part <br />of any Advances to be made hereunder without written consent of Lender, which consent <br />may be withheld, conditioned or delayed in Lender’s sole discretion. Lender may freely <br />assign or otherwise transfer (including by participation) all or any part of its interest in <br />the Loan or any or all of the Loan documents, in Lender’s sole discretion. <br /> <br /> 12.11. Miscellaneous Covenants of Borrower. Borrower covenants and agrees <br />with Lender that, without costs to Lender, Borrower will: <br /> <br />(a) Performance of Conditions. Promptly keep, perform and comply <br />with all of the terms, covenants and conditions to be kept and performed by <br />Borrower, as required by the City and any other governmental body having <br />jurisdiction over the Loan Property as a condition of platting, rezoning or <br />developing the Loan Property; keep unimpaired the rights of Borrower under any <br />permit or agreement issued or made by the City or other governmental body <br />having jurisdiction over the Loan Property and the Construction Contracts and <br />any other contracts obtained or held by Borrower in connection with the <br />construction or operation of the Improvements; and to enforce the prompt <br />performance of all of the terms, covenants and conditions to be kept and <br />performed by the City or other governmental body having jurisdiction over the <br />Loan Property, respectively, under any permits or agreements issued or made by <br />the City or such other governmental bodies, or by any design professional, the <br />general contractor and any other contractors under all contracts obtained or held <br />by Borrower in connection with construction or operation of the Improvements. <br /> <br />(b) Amendment, Etc. of Documents. Not amend, cancel, terminate, <br />supplement or waive any of the material terms, covenants and conditions of any <br />permit or agreement issued or made by the City or any other governmental body <br />having jurisdiction over the Loan Property, or any other contracts obtained or held <br />by Borrower in connection with the construction or operation of the <br />Improvements or any contracts, documents or agreements referred to herein <br />without the prior written approval of Lender. Borrower will provide to Lender <br />complete documentation concerning any change made to the Project. <br /> <br />(c) Performance of Note, Security Agreement, Etc. Without limiting <br />the foregoing, keep and perform all of the terms, covenants, conditions and <br />requirements of the Note, the Security Agreement, and this Agreement. <br />(d) Insurance. During the term of the Mortgage, Borrower shall <br />procure and maintain or cause Corporate Guarantor to procure and maintain at <br />each party’s sole expense casualty insurance, public liability insurance and such <br />other types of insurance as are reasonably required by Lender from time to time, <br />including, without limitation, the coverages expressly required by the Mortgage, <br />insuring Lender and Borrower with coverages, in amounts and with companies <br />satisfactory to Lender. The policy or policies or duly executed certificate or