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(i) A court of competent jurisdiction shall have made or entered any decree or <br />order (1) adjudging the Developer to be bankrupt or insolvent, (2) approving as properly filed a <br />petition seeking reorganization of the Developer or seeking any arrangement for Developer <br />under bankruptcy law or any other applicable debtor's relief law or statute of the United States <br />or a~~y state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or assignee of the <br />Developer in bankruptcy or insolvency or for any of its properties, or (4) directing the winding <br />up or liquidation of the Developer; <br />(j) Developer shall have assigned its assets for the benefit of its creditors <br />(other than pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution <br />on any 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 />(unless a lesser time period is permitted for cure under any other mortgage on the Property or the <br />]mprovements, in which event such lesser time period shall apply under this subsection as well) <br />or prior to any sooner sale pursuant to such sequestration, attachment, or execution; <br />(k) The Developer shall have voluntarily suspended its business or Developer <br />shall have been dissolved or terminated; <br />(1) An event of default arises under any Agency Document and remains <br />uncured beyond any applicable cure period; <br />(m) Developer defaults in the performance of any term, provision, covenant or <br />agreement contained in this Agreement other than an obligation enumerated in this Section 9.] <br />and unless a shorter cure period is specified for such default, the default continues for ten (] 0) <br />days in the event of a monetary default or sixty (60) days in the event of a nonmonetary default <br />after the date upon which Agency shall have given written notice of the default to Developer; <br />provided however; if the default is of a nature that it cannot be cured within sixty (60) days, an <br />Event of Developer Default shall not arise hereunder if Developer commences to cure the default <br />within sixty (60) days and thereafter prosecutes the curing of such default with due diligence and <br />in good faith to completion and in no event later than ] 20 days after receipt of notice of the <br />default; or <br />(n) a default on the part of Developer arises under the Ground Lease and <br />remains uncured beyond any applicable cure period such that the fee owner of the Property has <br />the right to terminate the Ground Lease. <br />9.2 A~encx Default. An event of default on the part of Agency ("Event of Agency <br />Default") shall arise hereunder if Agency fails to keep, observe, or perform any of its covenants, <br />duties, or obligations under this Agreement, and the default continues for a period of thirty (30) <br />days after written notice thereof from Developer to Agency, or in the case of a default which <br />cannot with due diligence be cured within thirty (30) days, Agency fails to commence to cure the <br />default within thirty (30) days of such notice and thereafter fails to prosecute the curing of such <br />default with due diligence and in good faith to completion- <br />9.3 Agency s Right to Terminate Agreement. if an Event of Developer Default shall <br />occur and be continuing beyond any applicable cure period, then Agency shall, in addition to <br />> > 7s9s~-a 3 7 <br />