Laserfiche WebLink
(ii) recover from Developer compensatory damages as well as other <br />costs and expenses incurred by City (including without limitation attorney’s fees and expenses) <br />arising as a result of the occurrence of any of the following: <br />(iii) any fraud or material misrepresentation on the part of the <br />Developer, or any officer, director or authorized representative of the Developer in connection <br />with the request for or creation of the City Loan, this Agreement, the Regulatory Agreement or <br />in any City Document, or in connection with any request for any action or consent by City in <br />connection with the City Loan; <br />(iv) any failure to maintain insurance on the Property and <br />Improvements as required pursuant to this Agreement, the Regulatory Agreement and the City <br />Documents; <br />(v) failure to pay taxes, assessments or other charges which may <br />become liens on the Property or Improvements; <br />(vi) the presence of hazardous or toxic material or waste on the <br />Developer's interest in the Property or other violation of the Developer’s obligations under <br />Section 9.1 hereof or those sections of the Leasehold Deed of Trust pertaining to environmental <br />matters; <br />(vii) the occurrence of any act or omission of Developer that results in <br />waste to or of the Property or the Improvements and which has a material adverse effect on the <br />value of the Property or the Improvements; <br />(viii) the removal or disposal of any personal property or fixtures or the <br />retention of rents, insurance proceeds, or condemnation awards in violation of the Leasehold <br />Deed of Trust; <br />(ix) the material misapplication of City Loan Proceeds; and <br />(x) the material misapplication of the proceeds of any insurance policy <br />or award resulting from condemnation or the exercise of the power of eminent domain or by <br />reason of damage, loss or destruction to any portion of the Property or the Improvements. <br />5.9 No Fault Termination; Termination for Infeasibility. Provided that Developer is <br />not in default under this Agreement, Developer may terminate this Agreement under any of the <br />circumstances set forth below by giving written notice of such termination to the City prior to <br />Developer's acquisition of a Ground Leasehold Interest: <br />(a) The Developer does not receive the governmental approvals required for <br />the development of the Project, despite the Developer's good faith efforts to obtain such <br />approvals; <br />144\259\1892880.4 <br />19