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2. DEFAULTS. <br /> 2.1 EVENTS OF DEFAULT. The occurrence of any one or more of the <br /> following events shall constitute an event of default hereunder("Event of Default"): <br /> (a) Owner removes the Improvements from the Property. <br /> (b) <br /> (c) Owner fails to maintain insurance as required pursuant to the Loan <br /> Documents, and Owner fails to cure such default within 15 days. <br /> (d) 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 /> (e) Owner defaults in the performance of any term, provision, covenant <br /> or agreement (other than an obligation enumerated in this Section 2 contained in this <br /> Note or in any other Loan Document, and unless such document specifies a shorter <br /> cure period for such default, the default continues for ten (10) days in the event of a <br /> monetary default or thirty (30) days in the event of a nonmonetary default after the date <br /> upon which City shall have given written notice of the default to Owner (or such longer <br /> time as City may agree upon in writing), provided that in each case Owner commences <br /> to cure the default within thirty (30) days and thereafter prosecutes the curing of such <br /> default with due diligence and in good faith. <br /> (f) If an Event of Default shall have been declared under any other <br /> Loan Document, subject to the expiration of any applicable cure period set forth in such <br /> documents. <br /> 2.2 REMEDIES. Upon the occurrence of an Event of Default hereunder, City <br /> may, at its option (i) by written notice to Owner, declare the entire unpaid principal <br /> balance of this Note, together with all accrued interest thereon and all sums due <br /> hereunder, immediately due and payable regardless of any prior forbearance, (ii) <br /> exercise any and all rights and remedies available to it under applicable law, and (iii) <br /> exercise any and all rights and remedies available to City under this Note and the other <br /> Loan Documents. Owner shall pay all reasonable costs and expenses incurred by or on <br /> behalf of City including, without limitation, reasonable attorneys' fees, incurred in <br /> connection with City's enforcement of this Note and the exercise of any or all of its rights <br /> and remedies hereunder. <br /> 3. MISCELLANEOUS. <br /> 3.1. WAIVER. The rights and remedies of City under this Note shall be <br /> cumulative and not alternative. No waiver by City of any right or remedy under this Note <br /> shall be effective unless in a writing signed by City. Neither the failure nor any delay in <br /> exercising any right, power or privilege under this Note will operate as a waiver of such <br /> Public Wi-Fi Installation 17 <br /> Loan Agreement <br />