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(b) Bankruptcy or Insolvency. If the Developer ceases to do business <br />as a going concern, ceases to pay its debts as they become due or admits in writing that it is <br />unable to pay its debts as they become due, or becomes subject to any Bankruptcy Proceeding <br />(except an involuntary Bankruptcy Proceeding dismissed within sixty (60) days after <br />commencement), or a custodian or trustee is appointed to take possession of, or an attachment, <br />execution or other judicial seizure is made with respect to, substantially all of the Developer's <br />assets or the Developer's interest in this Agreement (unless such appointment, attachment, <br />execution, or other seizure was involuntary and is contested with diligence and continuity and <br />vacated and discharged within sixty (60) days). <br />(c) Breach of Representation or Warranty. Any representation, <br />warranty or disclosure made to the City by the Developer regarding this Agreement, the <br />Property or the Project is materially false or misleading, whether or not such representation or <br />disclosure appears in this Agreement. <br />(d) Deposit of Funds, Bonds or Other Security. If the Developer fails <br />to make any deposit of funds or provide any bond or other security required under this <br />Agreement within seven (7) days after Notice of such Default to the Developer. <br />(e) Insurance. If the Developer fails to obtain, maintain or replace <br />any insurance coverage required under this Agreement within seven (7) days after Notice of <br />such Default to the Developer. <br />(t) Material Deviation in Project. Any material deviation in the <br />work of construction or installation of the Project from the approved Project description, <br />without the prior written approval of the City that is not corrected within fifteen (15) days <br />following written Notice of such Default. <br />(g) Project Progress. <br />(i) The construction or installation of the Project does not <br />commence by the time provided for such commencement in the Performance Schedule. <br />(ii) The construction or installation of the Project is delayed <br />or suspended for a period in excess of that permitted under Section 4.4.2(d). <br />(iii) The Project is not completed by the Project Completion <br />Date. <br />(h) Non -Monetary Default. If any Non -Monetary Default occurs and <br />the Developer does not cure such Non -Monetary Default within thirty (30) days after Notice <br />from the City describing the Default in reasonable detail, or, in the case of a Non -Monetary <br />Default that cannot with reasonable due diligence be cured within thirty (30) days from such <br />Notice, if the Developer shall not: (a) within thirty (30) days after the City's Notice, advise the <br />City of the Developer's intention to take all reasonable steps to cure such Non -Monetary <br />Default; (b) duly commence such cure within such period, and then diligently prosecute such <br />cure to completion; and, (c) complete such cure within a reasonable time under the <br />circumstances. <br />24 <br />75A-29 <br />