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(g) Any representation or warranty contained in this Agreement or in any <br />financial statement, certificate or report submitted to the City in connection with this Agreement <br />or Developer’s request for the City Loan proves to have been false in any material and adverse <br />respect when made and continues to be materially adverse to the City; provided however, that if <br />a continuing representation or warranty becomes false during the term of this Agreement thereby <br />resulting in a breach of this Agreement, Developer shall have thirty (30) days following notice <br />from the City to cure such breach; <br />(h) If, pursuant to or within the meaning of the United States Bankruptcy <br />Code or any other federal or state law relating to insolvency or relief of debtors ("Bankruptcy <br />Law"), Developer (i) commences a voluntary case or proceeding; (ii) consents to the entry of an <br />order for relief against Developer in an involuntary case; (iii) consents to the appointment of a <br />trustee, receiver, assignee, liquidator or similar official for Developer; (iv) makes an assignment <br />for the benefit of its creditors; or (v) admits in writing its inability to pay its debts as they <br />become due; <br />(i) A court of competent jurisdiction shall have made or entered any decree or <br />order (1) adjudging the Developer to be bankrupt or insolvent, (2) approving as properly filed a <br />petition seeking reorganization of the Developer or seeking any arrangement for Developer <br />under bankruptcy law or any other applicable debtor's relief law or statute of the United States or <br />any state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or assignee of the <br />Developer in bankruptcy or insolvency or for any of its properties, or (4) directing the winding <br />up or liquidation of the Developer; <br />(j) Developer shall have assigned its assets for the benefit of its creditors <br />(other than pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution <br />on any substantial part of its property, unless the property so assigned, sequestered, attached or <br />executed upon shall have been returned or released within sixty (60) days after such event <br />(unless a lesser time period is permitted for cure under any other mortgage on the Property, in <br />which event such lesser time period shall apply under this subsection as well) or prior to any <br />sooner sale pursuant to such sequestration, attachment, or execution; <br />(k) The Developer shall have voluntarily suspended its business or Developer <br />shall have been dissolved or terminated; <br />(l) An event of default arises under this Agreement, the Regulatory <br />Agreement, or any City Document and remains uncured beyond any applicable cure period; or <br />(m) Developer defaults in the performance of any term, provision, covenant or <br />agreement contained in this Agreement other than an obligation enumerated in this Section 10.1 <br />and unless a shorter cure period is specified for such default, the default continues for 30 days in <br />the event of a monetary default or 60 days in the event of a nonmonetary default after the date <br />upon which City shall have given written notice of the default to Developer; provided however, <br />if the default is of a nature that it cannot be cured within 60 days, a Developer Event of Default <br />shall not arise hereunder if Developer commences to cure the default within 60 days and <br />thereafter prosecutes the curing of such default with due diligence and in good faith to <br />144\259\1892880.4 <br />29