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City Draft <br /> 6/2�8/13 <br /> (e) The Developer fails to submit to the City the construction plans, <br /> drawings and related documents as required by this Agreement; <br /> (� The Developer does not pay the Purchase Price and take title to the <br /> City Froperty under tender of conveyance by the City pursuant to this Agreement; <br /> (g) The Developer ceases to do business as a going concern, ceases to <br /> pay its debts as they become due or admits in writing that it is unable to pay its debts as they <br /> become due, or becornes subject to any Bankruptcy Proceeding (except an involuntary <br /> Bankruptcy Proceeding dismissed within one hundred twexity (120) days after commencement), <br /> or a custodiaza� or trustee is appointed to take possession of, or an attachment, execution or other <br /> judicial seizure is made with respect to, substantia�ly all of the Developer's assets or the <br /> Developer's interest in this Agreement (unless such appointment, attachment, execution, or other <br /> seizure was involuntary and is contested with diligence and continuity and vacated and <br /> discharged within one hundred twenty{i 20}days); <br /> {h) The Developer fails to obta.in, maintain or replace any insurance <br /> coverage required under this Agreement within fifteen (15) business days after Notice of such <br /> Default to the Developer; <br /> (i) There is a material deviation in the work of construction or <br /> installation of the Project from the appraved Project plans, without the prior written approval of <br /> the City; <br /> {j) The construc�ion or installation of the Project does not commenc� <br /> by the time provided for such cornmencement in the Performance Schedule (Exhibit D) or is <br /> delayed or suspended for a period in excess of that permitted under Section 4.7.7(d) or the <br /> Project is not completed by the Project Cornpletion Date; <br /> (k) Any representation, warranty or disclosure made to the City by the <br /> Developer regarding this Agreement, the Site or the Pmject is materially false or mis�eac�ing; or <br /> (1} The Developer fails ta cause any Prohibited EncuFnbrance ta be <br /> released within si�cty (60) days after Notice of such encumbrance, or fails to commence the <br /> release of such Prohibited Encumbrance within the sixty {60) day period and ta diligen�ly <br /> prosecute the same to cornpletian. <br /> 7.4.2 Notice and Remedies. Upon the occurrence of any of the above- <br /> described events, the City shall first notify the Developer in writing of its purported breach or <br /> failure. Excegt for those Events of Default in which a cure period is specified, in the event the <br /> Developer does not then cure the default within thirty (30) days {or, if the default is not <br /> susceptib�e of cure within such thirty-day p�riod, the Developer fails to commence the cure <br /> within such period and thereaffier to prosecute the cure diligently to completion), then the City <br /> shall be entitled to any rights afforded it in law or an equity by taking any or all of the following <br /> remedies: (i) termination of this Agreement by written notice to the Developer; or (ii) seeking <br /> any other remedy available at law or in equity (including mandamus}, provided, however, the <br /> City shall not be entitled to recover consequentia,l damages or damages for lost profits. If the <br /> City chooses to terminate this Ag�reement under subparagraph (i) above anc� Escrow has not <br /> 82483.00OD917571312.10 49 <br />