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0) Developer shall have assigned its assets for the benefit of its creditors (other than <br />pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any <br />substantial part of its property, unless the property so assigned, sequestered, attached or executed <br />upon shall have been returned or released within sixty (60) days after such event (unless a lesser <br />time period is permitted for cure under any other mortgage on the Property, in which event such <br />lesser time period shall apply under this subsection as well) or prior to any sooner sale pursuant <br />to such sequestration, attachment, or execution; <br />(k) The Developer shall have voluntarily suspended its business or Developer shall <br />have been dissolved or terminated; <br />(1) An event of default arises under this Agreement, the Regulatory Agreement, or <br />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 ten (10) <br />days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default <br />after the date upon which City shall have given written notice of the default to Developer; <br />provided however, if the default is of a nature that it cannot be cured within 30 days, a Developer <br />Event of Default shall not arise hereunder if Developer commences to cure the default within <br />thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in <br />good faith to completion and in no event later than ninety (90) days after receipt of notice of the <br />default or such longer period as the City may allow. <br />10.2 City Default. An event of default on the part of City ("Event of City Default") <br />shall arise hereunder if City fails to keep, observe, or perform any of its covenants, duties, or <br />obligations under this Agreement, and the default continues for a period of thirty (30) days after <br />written notice thereof from Developer to City, or in the case of a default which cannot with due <br />diligence be cured within thirty (30) days, City fails to commence to cure the default within <br />thirty (30) days of such notice and thereafter fails to prosecute the curing of such default with <br />due diligence and in good faith to completion. <br />10.3 City's Right to Terminate Agreement. If an Event of Developer Default shall <br />occur and be continuing beyond any applicable cure period, then City shall, in addition to other <br />rights available to it under law or this Agreement, have the right to terminate this Agreement. If <br />City makes such election, City shall give written notice to Developer and to any mortgagee <br />entitled to such notice specifying the nature of the default and stating that this Agreement shall <br />expire and terminate on the date specified in such notice, and upon the date specified in the <br />notice, this Agreement and all rights of Developer under this Agreement, shall expire and <br />terminate. <br />5055770.1 23 <br />