KOTTINGER GARDENS PHASE 1 GROUND LEASE - MAR 2016

(b) Upon the granting of any consent (deemed or otherwise) by Lessor with respect to a Transfer by Lessee, this Lease shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective heirs, successors, assigns, legal representatives. Lenders, Tenants and other transferees. ARTICLE 17. MISCELLANEOUS PROVISIONS Section 17.1 Consents. Lessor agrees not to unreasonably withhold or delay its consent to matters requiring Lessor's consent hereunder unless the applicable provision of this Lease permits Lessor to exercise Lessor's sole discretion with respect to a particular matter. Section 17.2 Enforced Delay: Extension of Times of Performance. Time is of the essence in the performance of each of the Parties' respective obligations set forth in this Lease. Except as expressly set forth in this Section 17.2. performance by any Party hereunder shall not be deemed to be in default and such Party shall be entitled to an extension of time to perform its obligations hereunder where delays in performance are due to causes beyond the reasonable control and without the fault of such Party. including as applicable: war; insurrection; strikes; lockouts; riots; foods; earthquakes: fires; casualties; acts of the public enemy; epidemics: quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; unusually severe weather; inability to secure necessary labor. materials or tools; delays of any contractor, subcontractor or supplies that are not caused by any Party; acts of the other Parties; acts or the failure to act of any public or governmental agency or entity that are not caused by Lessee; or other causes beyond the reasonable control of the Party ("Force Majeure"). Notwithstanding the foregoing, Lessee's inability to secure satisfactory financing, interest rates, and market and economic conditions shall not entitle Lessee to an extension of time to perform. An extension of time for any cause permitted under this Section 17.2 shall be limited to the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of knowledge of the commencement of the cause. If no written notice is sent within thirty (30) days, for purposes of measuring the extension period for performance of the obligation in question, the period of the enforced delay shall commence to run from the date written notice is sent to the other Party. Times of performance under this Lease may be extended by mutual written agreement of the Parties. Section 17.3 Interpretation. The terms of this Lease shall be construed in accordance with the meaning of the language used and shall not be construed for or against any Party by reason of the authorship of this Lease or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Lease. Section 17.4 Entire Agreement: Modifications. This Lease supersedes all prior discussions and agreements between the Parties with respect to the leasing of the Leased Premises. The City HOME Loan Agreement, the Loan Agreement, this Lease and executed attachments hereto, and the Regulatory Agreement contain the sole and entire understanding between the parties with respect to the leasing of the Leased Premises and the development and 44 191\52\1656915.8 OAK#4834-9609-1684 v11