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assigned to City as security for Developer's obligation hereunder and held and disbursed <br />in the same mariner as the Proceeds; <br />(c) Developer shall execute such documents as City reasonably <br />requires to evidence and secure Developer's obligation to use all amounts disbursed for the <br />diligent restoration of the Property; and, <br />(d) No Event of Default shall remain uncured. <br />19.6 Method of Disbursement and Undisbursed Funds. Any Proceeds and <br />Shortfall Funds to be disbursed to Developer shall be held by the Senior Lender if a Senior <br />Loan is outstanding, and disbursed in accordance with the Senior Loan Documents or, if <br />no Senior Loan, then held by the City and disbursed in accordance with the City's then <br />customary disbursement procedures and related provisions. Any amounts remaining <br />undisbursed following completion of such restoration shall be returned to Developer up to <br />the amount of any Shortfall Funds deposited by Developer, and any other amounts <br />remaining shall either be paid to Developer or applied by the Senior Lender, or the City in <br />the absence of a Senior Loan, as the case may be against any obligations that are secured <br />by a lien on the Property, as they elect in their sole and absolute discretion. <br />19.7 Failure to Satisfy Conditions. hi the event that Developer fails to fulfill <br />the Restoration Conditions within one hundred and eighty (180) days (unless extended <br />pursuant to Section 19.5) following the date Proceeds are received, the Proceeds shall be <br />applied by City against any obligations to City that are secured by a lien on the Property, <br />and the selection of which such obligations to apply the Proceeds against shall be made by <br />City in its sole and absolute discretion. <br />19.8 Restoration. Nothing in this Section 19 shall be construed to excuse <br />Developer from repairing and restoring all damage to the Property in accordance with other <br />Loan Document provisions, regardless of whether insurance proceeds are available or <br />sufficient. <br />19.9 Condemnation; Treatment of Compensation. Subject to any <br />superior rights of Senior Lender, Developer hereby assigns to the City, as security for all <br />obligations to City secured by a lien on the 'Property, all amounts payable to Developer in <br />connection with any Condemnation, and any proceeds of any related settlement <br />(collectively, "Compensation"). Subject to any superior rights of Senior Lender, Developer <br />shall deliver such remaining Compensation to City immediately upon receipt. If the taking <br />results in a loss of the Property to an extent that, in the reasonable opinion of City, renders <br />or is likely to render the Property not economically viable or if, in City's reasonable <br />judgment Developer's security is otherwise impaired, City may apply the Compensation <br />received due to judgment or settlement in connection with any condemnation or other <br />taking to reduce the unpaid obligations secured in such order as City may determine, and <br />without any adjustment in the amount or due dates of payments due under the Note. If so <br />applied, any award in excess of the unpaid balance of the Note and other sums due to City <br />shall be paid to Developer or Developer's assignee. City shall have no obligation to take <br />any action in connection with any actual or threatened condemnation or other proceeding. <br />