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15 <br /> the affordable housing owner shall receive a duplicate original counterpart of the document by <br /> which such assignment or reassignment is made disclosing the name and address of each such <br /> assignee. <br /> 8.04 Amendments. No term or provision of this Agreement may be amended,modified <br /> or waived without the prior written consent of the affordable housing owner and the County. <br /> 8.05 No Marshalling. The affordable housing owner hereby waives any and all rights to <br /> require marshalling of assets in connection with the exercise of any remedies provided in this <br /> Agreement or as permitted by law. <br /> 8.06 Governing Law. The affordable housing owner, the County and the Deed of Trust <br /> Trustee intend that State law shall govern this Agreement. <br /> 8.07 Liability of Officers and Agents. No officer, agent or employee of the affordable <br /> housing owner shall be subject to any personal liability or accountability by reason of the execution <br /> of this Agreement or any other documents related to the transactions contemplated hereby. Such <br /> officers or agents shall be deemed to execute such documents in their official capacities only, and <br /> not in their individual capacities. This Section shall not relieve an officer, agent or employee of the <br /> affordable housing owner from the performance of any official duty provided by law. <br /> 8.08 Covenants Running with the Land. All covenants contained in this Agreement <br /> shall run with the real estate encumbered by this Agreement. <br /> 8.09 Severability. If any provision of this Agreement shall be determined to be <br /> unenforceable,that shall not affect any other provision of this Agreement. <br /> 8.10 Non-Business Days. If the date for making any payment or the last day for <br /> performance of any act or the exercising of any right shall not be a Business Day, such payment <br /> shall be made or act performed or right exercised on or before the next preceding Business Day. <br /> 8.11 Entire Agreement. This Agreement constitutes the affordable housing owner's <br /> entire agreement with respect to the general subject matter covered hereby. <br /> 8.12 Binding Effect. Subject to the specific provisions of this Agreement, and in <br /> particular Section 8.03, this Agreement shall be binding upon and inure to the benefit of and be <br /> enforceable by the parties and their respective successors and assigns. <br /> IN WITNESS WHEREOF, Borrower has caused this instrument to be executed as of the day <br /> and year first above written by duly authorized officers. <br /> (SEAL) <br /> 15 <br />