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partner of Developer, or seeking any arrangement for Developer or any general partner of <br />Developer under bankruptcy law or any other applicable debtor's relief law or statute of the <br />United States or any state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or <br />assignee of the Developer or any general partner of Developer in bankruptcy or insolvency or for <br />any of its properties, or (4) directing the winding up or liquidation of the Developer or any general <br />partner of Developer, in each case if such decree, order, petition, or appointment is not removed or <br />rescinded within ninety (90) days; <br />(i) Developer or any general partner of Developer shall have assigned its assets <br />for the benefit of its creditors (other than pursuant to a mortgage loan) or suffered a sequestration <br />or attachment of or execution on any substantial part of its property, unless the property so <br />assigned, sequestered, attached or executed upon shall have been returned or released within ninety <br />(90) days after such event (unless a lesser time period is permitted for cure pursuant to paragraphs <br />(h) above or pursuant to any other mortgage on the Property, in which event such lesser time <br />period shall apply under this subsection as well) or prior to any sooner sale pursuant to such <br />sequestration, attachment, or execution; <br />0) The Developer or any general partner of Developer shall have voluntarily <br />suspended its business or Developer shall have been dissolved or terminated; <br />(k) An event of default arises under any City Document and remains uncured <br />beyond any applicable cure period; or <br />(1) 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 9.1 and <br />unless a shorter cure period is specified for such default, the default continues for ten (10) days in <br />the event of a monetary default or thirty (30) days in the event of a nonmonetary default after the <br />date upon which City shall have given written notice of the default to Developer; provided <br />however, if the default is of a nature that it cannot be cured within thirty (30) days, an Event of <br />Developer 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 good <br />faith to completion. <br />9.2 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 forty-five (45) days <br />after written notice thereof from Developer to City, or in the case of a default which cannot with <br />due diligence be cured within forty-five (45) days, City fails to commence to cure the default <br />within forty-five (45) days of such notice and thereafter fails to prosecute the curing of such <br />default with due diligence and in good faith to completion. <br />9.3 Termination without Fault. Notwithstanding any contrary provision of this <br />Agreement, either Party may tenninate this Agreement if the City fails to approve land use permits <br />or entitlements necessary for development of the Project within the time set forth in the Schedule <br />of Performance, as such time may be extended; provided however, the Parties shall meet and <br />exercise good faith efforts to reach agreement on resolution of such matters. <br />ATY/AGR/2017.218/RWC — BRADFORD — DDA <br />REV: 09-18-1.7 VR <br />Page 33 of 94 <br />