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(k) The Borrower shall have voluntarily suspended its business or Borrower <br /> shall have been dissolved or terminated; <br /> (1) An event of default arises under any City Document and remains uncured <br /> beyond any applicable cure period; or <br /> (m) Borrower defaults in the performance of any term, provision, covenant or <br /> agreement contained in this Agreement other than an obligation enumerated in this Section 9.1 <br /> and unless a shorter cure period is specified for such default, the default continues for ten (10) <br /> days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default <br /> after the date upon which City shall have given written notice of the default to Borrower; <br /> provided however, if the default is of a nature that it cannot be cured within thirty (30) days, a an <br /> Event of Borrower Default shall not arise hereunder if Borrower commences to cure the default <br /> within thirty (30) days and thereafter prosecutes the curing of such default with due diligence <br /> and in good faith to completion and in no event later than 120 days after receipt of notice of the <br /> default. <br /> 9.2 City Default. An event of default on the part of City ( "Event of City Default ") <br /> shall arise hereunder if City fails to keep, observe, or perform any of its covenants, duties, or <br /> obligations under this Agreement, and the default continues for a period of thirty (30) days after <br /> written notice thereof from Borrower to City, or in the case of a default which cannot with due <br /> diligence be cured within thirty (30) days, City fails to commence to cure the default within <br /> thirty (30) days of such notice and thereafter fails to prosecute the curing of such default with <br /> due diligence and in good faith to completion. <br /> 9.3 City's Right to Terminate Agreement. If an Event of Borrower Default shall <br /> occur and be continuing beyond any applicable cure period, then City shall, in addition to other <br /> rights available to it under law or this Agreement, have the right to terminate this Agreement. If <br /> City makes such election, City shall give written notice to Borrower and to any mortgagee <br /> entitled to such notice specifying the nature of the default and stating that this Agreement shall <br /> expire and terminate on the date specified in such notice, and upon the date specified in the <br /> notice, this Agreement and all rights of Borrower under this Agreement, shall expire and <br /> terminate. <br /> 9.4 City's Remedies and Rights Upon an Event of Borrower Default. Upon the <br /> occurrence of an Event of Borrower Default and the expiration of all applicable cure periods, <br /> City shall have all remedies available to it under this Agreement or under law or equity, <br /> including, but not limited to the following, and City may, at its election, without notice to or <br /> demand upon Borrower, except for notices or demands required by law or expressly required <br /> pursuant to the City Documents, exercise one or more of the following remedies: <br /> (a) Accelerate and declare the balance of the Restated Note and the Note and <br /> interest accrued thereon immediately due and payable; <br /> (b) Seek specific performance to enforce the terms of the City Documents; <br /> (c) Foreclose on the Property pursuant to the Deed of Trust; <br /> 1755895.3 25 <br />