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<br />a. The Developer fails to exercise good faith and diligent efforts to satisfy, within <br />the time and in the manner set forth in Article II and Article III, one or more of the conditions <br />precedent to the Agency's obligation to lease the Property to the Developer; <br /> <br />b. Fteserved. <br /> <br />c. An Event of Default arises under any Agency Document other than this <br />Agreement and remains uncured beyond any applicable cure period; <br /> <br />d. An Event of Default arises under any loan secured by a mortgage, deed of trust <br />or other security instrument recorded against the Property and remains uncured beyond any <br />applicable cure period such that the holder of such security instrument has the right to <br />accelerate repayment of such loan; <br /> <br />e. Developer fails to commence or complete renovation of the Project within the <br />times set forth in Article V, or abandons or suspends rehabilitation work on the Project prior to <br />completion for a period of sixty (60) days after written notice of such abandonment or <br />suspensIOn; <br /> <br />f. A Transfer occurs, either voluntarily or involuntarily, in violation of Article VII; <br /> <br />g. Developer fails to maintain insurance on the Property and the Project as required <br />pursuant to the Agency Documents, and Developer fails to cure such default within 10 days; <br /> <br />h. Following commencement of the Ground Lease, subject to Developer's right to <br />contest the following charges pursuant to the Agency Documents, Developer fails to pay taxes <br />or assessments due on the Property or the Project or fails to pay any other charge that may <br />result in a lien on the Property or the Project, and Developer fails to cure such default within 10 <br />days; <br /> <br />i. Any representation or warranty contained in this Agreement or in any <br />application, financial statement, certificate or report submitted to the Agency or the City in <br />connection with this Agreement or in any other Agency Document proves to have been <br />incorrect in any material and adverse respect when made and continues to be materially adverse <br />to the Agency or the City; <br /> <br />j. A court having jurisdiction shall have made or entered any decree or order (1) <br />adjudging the Developer to be bankrupt or insolvent, (2) approving as properly filed a petition <br />seeking reorganization of the Developer or seeking any arrangement for either of the Developer <br />under the bankruptcy law or any other applicable debtor's relief law or statute of the United <br />States or any state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or assignee <br />of the Developer in bankruptcy or insolvency or for any of its properties, or (4) directing the <br />winding up or liquidation of the Developer; <br /> <br />k. Developer shall have assigned its assets for the benefit of its creditors (other than <br />pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any <br />substantial part of its property, unless the property so assigned, sequestered, attached or <br />executed upon shall have been returned or released within sixty (60) days after such event <br /> <br />803698-6 <br /> <br />32 <br />