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Said mortgagee or beneficiary shall advise NSP in writing of its <br />proper mailing address and any change thereof. Anything herein <br />to the contrary notwithstanding, the License granted herein shall <br />not terminate as set foEth in paragraph 8, if such mortgagee <br />(whichr shall mean as well any beneficiary of any Deed of Trust) <br />shall file within ninety (90) days of receipt of written notice of <br />violation an action in the appropriate court of law having <br />jurisdiction over such matters requesting such court to order any <br />person, firm or corporation in violation of this License Agreement <br />to comply with the terms, provisions, and restrictions of this <br />License Agreements provided, nevertheless, that this License <br />Agreement shall terminate upon the expiration of ten (L0) days from <br />the receipt of NSP's written notice to mortgagee of non - diligence, <br />and mortgagee's failure to diligently prosecute any such action <br />and to remedy the defaults defined in the notice to such mortgagee <br />within said ten day period. <br />14. Any implied or unwritten consent of NSP in any instance <br />to any variation of the terms or conditions of this Encroachment <br />License shall not be deemed a waiver as to any breach of covenant <br />or condition herein contained, nor shall any waiver or modification <br />be claimed as to any provision of this'$ncroachment License unless <br />the same shall be endorsed hereon by NSP. Failure of NSP to in- <br />sist upon the strict performance of the terms, covenants, agree- <br />ments and conditions herein contained, or any of them, shall not <br />constitute or be construed as a waiver or relinquishment of NSP's <br />right to thereafter enforce any such term, covenants, agreement or <br />condition, but the same shall continue in full force and affect. <br />Page 6 of 8 <br />Page 95 <br />