Agmt 2017 BAL Theater/San Leandro Curtain Call Performing Arts Loan Agreement

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requirement of payment of prevailing wages, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that City does not, and shall not, waive any rights against Operator which it may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or the deposit with City, of any of the insurance policies described in this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement, the making and repayment of the Loan, and any foreclosure proceeding, foreclosure sale, or delivery of a deed in lieu of foreclosure. ARTICLE V EVENTS OF DEFAULT The occurrence of any one or more of the following events shall constitute an event of default hereunder ("Event of Default"): (a) Operator removes the Improvements from the Property. (b) Operator fails to maintain the Improvements and the Property in good condition and repair in violation of Section 4.3 and Operator fails to cure such default within thirty (30) days following written notice from City. (c) Operator fails to maintain insurance as required pursuant to the Loan Documents, and Operator fails to cure such default within fifteen (15) days. (d) A transfer occurs in violation of Section 1.4(b). (e) Any representation or warranty contained in this Agreement or any certificate furnished in connection with the Loan or in connection with any request for disbursement of Loan Proceeds proves to have been false or misleading in any material adverse respect when made. (f) Operator defaults in the performance of any term, provision, covenant or agreement (other than an obligation enumerated in this Article V) contained in this Agreement or in any other Loan Document, and unless such document specifies a shorter cure period for such default, the default continues for fifteen (15) days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default after the date upon which City shall have given written notice of the default to Operator (or such longer time as City may agree upon in writing), provided that in each case Operator commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in good faith. (g) If an Event of Default shall have been declared under any other Loan Document, subject to the expiration of any applicable cure period set forth in such documents.