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73495086v3 <br /> <br /> <br /> 46 <br /> <br /> <br />If to the Controlling Person: R4 Servicer LLC <br />155 Federal Street, Suite 1400 <br />Boston, MA 02110 <br />Attention: Greg Doble <br />E-mail: gdoble@r4cap.com <br /> <br />With a copy to: Kutak Rock LLP <br />1760 Market Street, Suite 1100 <br />Philadelphia, PA 19103 <br />Attention: Andrew P. Schmutz, Esquire <br />E-mail: Andrew.Schmutz@kutakrock.com <br /> <br />If to Investor Limited Partner: R4Capital, LLC <br />780 Third Avenue <br />10th Floor <br />New York, NY 10017 <br />Attention: <br />E-mail: <br /> <br />With a copy to: Nixon Peabody LLP <br />53 State Street <br />Boston, MA 02109 <br />Attention: <br />E-mail: <br /> <br />The above parties may change the address to which notices to it are to be sent by written notice given to <br />the other persons listed in this Section. All notices shall, when sent as aforesaid, be effective when received. <br />Section 10.2 Successors and Assigns; Third Party Beneficiaries. This Agreement shall inure to <br />the benefit of and shall be binding upon the parties hereto and their respective successors and assigns, <br />including, without limitation, the Funding Lender. Each of the Controlling Person and the Fiscal Agent is <br />an express third party beneficiary of this Agreement with full rights of enforcement hereof. The Borrower <br />may not assign its interests in or its rights, duties or obligations under this Agreement without the prior <br />written consent of the Controlling Person. The Borrower and the Governmental Lender intend that no <br />person other than the parties hereto, the Funding Lender, the Controlling Person, the Fiscal Agent and their <br />respective successors and assigns as permitted hereunder, shall have any claim or interest under this <br />Agreement or right of action hereon or hereunder. <br />Section 10.3 Survival of Covenants. All covenants made by the Borrower herein and in any <br />document delivered pursuant hereto shall survive the issuance, sale and delivery of the Governmental Note, <br />the delivery of this Agreement and the payment of any amounts under the Funding Loan Documents. <br />Section 10.4 Counterparts; Electronic Signature. The execution hereof by each party hereto <br />shall constitute a contract between them for the uses and purposes herein set forth, and this Agreement may <br />be executed in any number of counterparts, with each executed counterpart constituting an original and all <br />counterparts together constituting one agreement. To the fullest extent permitted by applicable law, <br />facsimile or electronically transmitted signatures shall be treated as original signatures for all purposes <br />hereunder.