Laserfiche WebLink
9 <br /> <br />(d) A Transfer occurs in violation of Section 1.4(b). <br />(e) Any representation or warranty contained in this Agreement or any <br />certificate furnished in connection with the Loan or in connection with any request for <br />disbursement of Loan Proceeds proves to have been false or misleading in any material <br />adverse respect when made. <br />(f) Owner defaults in the performance of any term, provision, covenant or <br />agreement (other than an obligation enumerated in this Article V) contained in this <br />Agreement or in any other Loan Document, and unless such document specifies a shorter <br />cure period for such default, the default continues for ten (10) days in the event of a <br />monetary default or thirty (30) days in the event of a nonmonetary default after the date <br />upon which City shall have given written notice of the default to Owner (or such longer time <br />as City may agree upon in writing), provided that in each case Owner commences to cure <br />the default within thirty (30) days and thereafter prosecutes the curing of such default with <br />due diligence and in good faith. <br />(g) If an Event of Default shall have been declared under any other Loan <br />Document, subject to the expiration of any applicable cure period set forth in such <br />documents. <br />ARTICLE VI <br />REMEDIES <br />6.1 REMEDIES AND RIGHTS UPON DEFAULT. Upon the occurrence of an <br />Event of Default and the expiration of any applicable cure period, City shall have all <br />remedies available to it under law or equity, including, but not limited to the following, and <br />City may, at its election, without notice to or demand upon Owner, except for notices or <br />demands required by law or expressly required pursuant to the Loan Documents, exercise <br />one or more of the following remedies: <br />a) Accelerate and declare the balance of the Note and interest accrued thereon <br />immediately due and payable; <br />b) Seek specific performance to enforce the terms of the Loan Documents; <br />c) Pursue any and all other remedies available under law to enforce the terms of <br />the Loan Documents and City's rights thereunder. <br />6.2 REMEDIES CUMULATIVE. Each of the remedies provided herein is <br />cumulative and not exclusive of, and shall not prejudice any other remedy provided in any <br />other Loan Document. The City may exercise from time to time any rights and remedies <br />available to it under applicable law, in addition to, and not in lieu of, any rights and <br />remedies expressly granted in this Agreement or in any other instrument or notice, demand <br />or legal process of any kind. <br />Docusign Envelope ID: 16604ABF-1E5B-4046-BDCC-4BD015B716C5