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8I Consent 2015 0316
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8I Consent 2015 0316
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Last modified
4/14/2015 12:25:52 PM
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3/11/2015 5:16:05 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/16/2015
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PERM
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_CCAgenda 2015 0316 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0316
Reso 2015-066
(Reference)
Path:
\City Clerk\City Council\Resolutions\2015
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of the insurance policies described in this Agreement. The provisions of this Section <br />shall survive the expiration or termination of this Agreement. <br /> <br /> <br />ARTICLE V <br />EVENTS OF DEFAULT <br />The occurrence of any one or more of the following events shall constitute an <br />event of default hereunder ("Event of Default"): <br />(a) Owner removes the Improvements from the Property. <br />(b) Owner fails to maintain insurance as required pursuant to the Loan <br />Documents, and Owner fails to cure such default within 15 days. <br />(c) Any representation or warranty contained in this Agreement or any <br />certificate furnished in connection with the Loan or in connection with any request for <br />disbursement of Loan Proceeds proves to have been false or misleading in any material <br />adverse respect when made. <br />(d) Owner defaults in the performance of any term, provision, covenant or <br />agreement (other than an obligation enumerated in this Article V) contained in this <br />Agreement or in any other Loan Document, and unless such document specifies a <br />shorter cure period for such default, the default continues for ten (10) days in the event <br />of a monetary default or thirty (30) days in the event of a nonmonetary default after the <br />date upon which City shall have given written notice of the default to Owner (or such <br />longer time as City may agree upon in writing), provided that in each case Owner <br />commences to cure the default within thirty (30) days and thereafter prosecutes the <br />curing of such default with due diligence and in good faith. <br />(e) If an Event of Default shall have been declared under any other Loan <br />Document, subject to the expiration of any applicable cure period set forth in such <br />documents. <br />ARTICLE VI <br />REMEDIES <br />6.1 REMEDIES AND RIGHTS UPON DEFAULT. Upon the occurrence of an <br />Event of Default and the expiration of any applicable cure period, City shall have all <br />remedies available to it under law or equity, including, but not limited to the following, <br />and City may, at its election, without notice to or demand upon Owner, except for <br />notices or demands required by law or expressly required pursuant to the Loan <br />Documents, exercise one or more of the following remedies: <br />a) Accelerate and declare the balance of the Note and interest <br />accrued thereon immediately due and payable; <br />Public Wi-Fi Installation <br />Loan Agreement <br /> <br />8
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