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Party a written statement certifying that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect and a binding obligation of the Parties (if such be the case), (ii) this Agreement has not been amended or modified, or if so amended, identifying the amendments, and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature of any such defaults. ARTICLE IX DEFAULTS, REMEDIES AND TERMINATION 9. 1 Event of Developer Default. The following events shall constitute an event of default on the part of Developer hereunder ("Event of Developer Default"): (a) Developer fails to commence or complete construction of the Project within the time period set forth in Section 5. 1 , or subject to force majeure, abandons or suspends construction of the Project prior to completion for a period of sixty (60) days or more; (b) A Transfer occurs, either voluntarily or involuntarily, in violation of Article VII; (c) Developer fails to maintain insurance as required pursuant to this Agreement, and Developer fails to cure such default within five (5) days; (d) Developer fails to pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any other charge that may result in a lien on the Property, and Developer fails to cure such default within thirty (30) days of the date of delinquency, but in all events prior to the date upon which the holder of any such lien has the right to foreclose thereon; (e) A default arises under any loan secured by a mortgage, deed of trust or other security instrument recorded against the Property and remains uncured beyond any applicable cure period such that the holder of such security instrument has the right to accelerate repayment of such loan; (f) Any Developer representation or warranty contained in this Agreement or in any application, financial statement, certificate or report submitted to the City in connection with this Agreement proves to have been incorrect in any material and adverse respect when made and continues to be materially adverse to the City; (g) If, pursuant to or within the meaning of the United States Bankruptcy Code or any other federal or state law relating to insolvency or relief of debtors ("Bankruptcy Law"), Developer or any general partner of Developer: (i) commences a voluntary case or proceeding; (ii) consents to the entry of an order for relief against Developer or any general partner of Developer in an involuntary case; (iii) consents to the appointment of a trustee, receiver, assignee, liquidator or similar official for Developer or any general partner of Developer; (iv) makes an assignment for the benefit of its creditors; or (v) admits in writing its inability to pay its debts as they become due; (h) A court of competent jurisdiction shall have made or entered any decree or order (1 ) adjudging the Developer or any general partner of Developer to be bankrupt or insolvent, (2) approving as properly filed a petition seeking reorganization of the Developer or any general ATY/AGR/2017.218/RWC — BRADFORD — DDA REV: 09-18-17 VR Page 32 of 94