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partner of Developer, or seeking any arrangement for Developer or any general partner of Developer under bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or assignee of the Developer or any general partner of Developer in bankruptcy or insolvency or for any of its properties, or (4) directing the winding up or liquidation of the Developer or any general partner of Developer, in each case if such decree, order, petition, or appointment is not removed or rescinded within ninety (90) days; (i) Developer or any general partner of Developer shall have assigned its assets for the benefit of its creditors (other than pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within ninety (90) days after such event (unless a lesser time period is permitted for cure pursuant to paragraphs (h) above or pursuant to any other mortgage on the Property, in which event such lesser time period shall apply under this subsection as well) or prior to any sooner sale pursuant to such sequestration, attachment, or execution; a) The Developer or any general partner of Developer shall have voluntarily suspended its business or Developer shall have been dissolved or terminated; (k) An event of default arises under any City Document and remains uncured beyond any applicable cure period; or (I) Developer defaults in the performance of any term, provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 9. 1 and unless a shorter cure period is specified for such default, the default continues for ten ( 10) 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 Developer; provided however, if the default is of a nature that it cannot be cured within thirty (30) days, an Event of Developer Default shall not arise hereunder if Developer commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion. 9.2 City Default. An event of default on the part of City ("Event of City Default") shall arise hereunder if City fails to keep, observe, or perform any of its covenants, duties, or obligations under this Agreement, and the default continues for a period of forty-five (45) days after written notice thereof from Developer to City, or in the case of a default which cannot with due diligence be cured within forty-five (45) days, City fails to commence to cure the default within forty-five (45) days of such notice and thereafter fails to prosecute the curing of such default with due diligence and in good faith to completion. 9.3 Termination without Fault. Notwithstanding any contrary provision of this Agreement, either Party may terminate this Agreement if the City fails to approve land use permits or entitlements necessary for development of the Project within the time set forth in the Schedule of Performance, as such time may be extended; provided however, the Parties shall meet and exercise good faith efforts to reach agreement on resolution of such matters. ATY/AGR/2017.218/RWC — BRADFORD — DDA REV: 09-18-17 VR Page 33 of 94