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Hazardous Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the <br />Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution <br />Control Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the <br />California Underground Storage of Hazardous Substances Act [California Health and Safety <br />Code Section 25280, et seq.], the California Hazardous Substances Account Act [California <br />Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California <br />Health and Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic <br />Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter- <br />Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as each of <br />the foregoing now exist or are hereafter amended, together with any regulations promulgated <br />thereunder. <br /> <br />ARTICLE X. <br /> <br />DEFAULTS, REMEDIES AND TERMINATION <br />10.1 Event of Developer Default. The following events shall constitute an event of <br />default on the part of Developer (“Event of Developer Default”): <br />(a) Developer fails to commence or complete construction of the Project <br />within the times set forth in Section 3.6, or subject to force majeure, abandons or suspends <br />construction of the Project prior to completion for a period of sixty (60) days or more; <br />(b) Developer fails to pay when due the principal and interest (if any) payable <br />under the City Note and such failure continues for thirty (30) days after City notifies Developer <br />thereof in writing; <br />(c) A Transfer occurs, either voluntarily or involuntarily, in violation of <br />Article VII; <br />(d) Developer fails to maintain insurance on the Developer's interest in the <br />Property and the Project as required pursuant to this Agreement, and Developer fails to cure such <br />default within ten (10) days; <br />(e) Subject to Developer’s right to contest the following charges pursuant to <br />Section 6.3, if Developer fails to pay prior to delinquency taxes or assessments due on the <br />Property or the Project or fails to pay when due any other charge that may result in a lien on the <br />Property or the Project, and Developer fails to cure such default within 30 days of date of <br />delinquency, but in all events upon the imposition of any such tax or other lien; <br />(f) Following Developer's acquisition of the Ground Leasehold Interest, a <br />default is declared under any loan secured by a mortgage, deed of trust or other security <br />instrument recorded against the Property and remains uncured beyond any applicable cure period <br />such that the holder of such security instrument has the right to accelerate repayment of such <br />loan; <br />144\259\1892880.4 <br />28