West Orange Fourth Round HEFSP_adopted 111025_Appendices

certified mail,-return.receipt requested, or by certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto. Agency: Executive Director New Jersey Housing and Mortgage Finance Agency 637 South Clinton Avenue, CN 18550 Trenton, NJ 08650-2085 Owner: Jewish Services for the Developmentally Disabled of MetroWest, Inc. 270 Pleasant Valley Way West Orange, NJ 07052 Attention: Executive Director Q All notices shall be deemed given when received. © Section 38. Severability. The invalidity of any peer hereof shall not affect the validity, legality and enforceability of the remaining pertions féfeof, and to this end the provisions of this Agreement shall be severable. > Section 39. Successors and Assigns. Thi Geigement and all rights, duties, obligations and e benefit of the parties hereto and their interests arising hereunder shall bind and respective heirs, personal “ro e and permitted assigns. Section 40. Personal Lining Wisin g any other provision contained in this Agreement, the other loan document: other document or instrument executed by the owner in connection herewith or therewit ialges agrees, on behalf of itself and any future holder of the Note, that the liability of the general or limited partner, member or shareholder of the Owner, if applicable, and itsespegtive heirs, representatives, successors and assigns, for the payment of its obligations heretifider and under the other loan documents, including, without limitation, the payment uF interest and other charges due hereunder and thereunder, shall be limited to the collate ged under the mortgage and the other loan documents, and that the Agency shall have ghtto seek a personal judgment against the Owner, any general or limited partner, membi older of the Owner, if applicable and its respective heirs, representatives, successors and a: s, individually, except to the extent necessary to subject the collateral (including the Project and Land) pledged under the Mortgage and the other loan documents to the satisfaction of the Mortgage debt, and provided, however, that the Agency shall retain the right to exercise any and all remedies granted to it under the Mortgage, this Agreement and the other loan documents, including without limitation the right to sue for injunctive

ency shall retain the right to exercise any and all remedies granted to it under the Mortgage, this Agreement and the other loan documents, including without limitation the right to sue for injunctive or other equitable relief. The foregoing limitation of liability shall not apply to any party to the extent such party has committed fraudulent, criminal or other unlawful acts and shall not apply to such amounts due to the Lender pursuant to Sections 10, 11, 12, 15, and 33 of this Agreement. Section 41. Reserved. Section 42. Disclaimer of Warranties, Liability; Indemification/Defense. 20