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<br />ARTICLE VIII <br />DEVELOPER DEFAULTS, REMEDIES, TERMINATION AND FURTHER RIGHTS <br /> <br />8.1 Event of Default. The occurrence of anyone or more of the following shall <br />constitute an Event of Default by the Developer hereunder: <br /> <br />8.1.1 If the Developer defaults in the performance of any obligation imposed upon under this <br />Agreement or if the Developer fails to complete any item required to be completed under the <br />Project Schedule at the time called for therein, and the Developer does not commence to cure <br />such default within ten (10) days after delivery of notice of such default from the City, and <br />diligently pursue such cure to completion within ten (10) days after delivery of such notice, or, <br />with respect to non-monetary defaults, the Developer does not diligently pursue such cure to <br />completion within a reasonable period of time; <br /> <br />8.1.2 If any statement, representation or warranty made by the Developer herein or in any writing <br />now or hereafter furnished in connection herewith shall be false in any material respect at the <br />time made; or <br /> <br />8.1.3 If, (a) an order, judgment or decree is entered by any court of competent jurisdiction <br />adjudicating the Developer bankrupt or insolvent, approving a petition seeking a reorganization <br />or appointing a receiver, trustee or liquidator of the Developer or of all or a substantial part of its <br />assets, or (b) there is otherwise commenced as to the Developer or any of its assets any <br />proceeding under any bankruptcy, reorganization, arrangement, insolvency, readjustment, <br />receivership or similar law, and if such order, judgment, decree or proceeding continues unstayed <br />for more than sixty (60) days after any stay thereof expires. <br /> <br />8.1.4 In the Event of Default as provided above, the Developer shall commence to cure such <br />default within the ten (10) days after delivery of notice of default by the City upon the terms and <br />conditions as provided in Section 10.9 below. <br /> <br />8.2 Remedies. If an Event of Default occurs and there is no cure, or if the Developer fails to <br />comply with the requirements of this Article then the City shall have the right to terminate this <br />Agreement and pursue all legal remedies available to it. <br /> <br />ARTICLE IX <br />CITY DEFAULTS, REMEDIES, TERMINATION AND FURTHER RIGHTS <br /> <br />9.1 Event of Default. The occurrence of anyone or more of the following shall <br />constitute a Event of Default by the City as applicable: <br /> <br />9.1.1 If the City defaults in the performance of any obligation imposed upon it, or if it fails to <br />fund any obligation required to be funded pursuant to this Agreement, and the City does not <br />commence to cure such default within thirty (30) days after delivery of notice of such default <br />from the Developer, and diligently pursue such cure to completion within thirty (30) days after <br /> <br />7 <br />