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warranties of Developer contained in this Agreement and the other Loan Documents shall <br />be correct in all material respects as of the Close of Escrow as though made on and as of <br />that date, and if requested by the Executive Director, Agency shall have received a <br />certificate to that effect signed by Developer's Representative. <br />(h) No Default. No Event of Default by Developer shall have occurred, <br />and no event shall have occurred which, with the giving of notice or the passage of time <br />or both, would constitute an Event of Default by Developer under this Agreement, and if <br />requested by the Executive Director, Agency shall have received a certificate to that <br />effect signed by Developer's Representative. <br />6.3 Termination for Failure of Condition. If (a) any of the conditions set forth <br />herein are not timely satisfied or waived by the Executive Director following the <br />expiration of any applicable notice and cure period, and (b) Agency is not in default <br />under this Agreement, Agency may terminate this Agreement without any further liability <br />on its part by giving written notice of termination to Developer. Upon the giving of such <br />notice, all principal, interest and other amounts owing under the Housing Successor <br />Agency Loan Note shall be immediately due and payable, regardless of any other <br />specified due date. <br />6.4 IReserved.l <br />6.5 [Reserved1 <br />6.6 [Reserved.[ <br />6.7 [Reserved.[ <br />6.8 Other Terms and Conditions of Loan. <br />A. The Housing Successor Agency Loan Note shall become immediately <br />due and payable, in the event of any of the following: <br />(1) violation of any of the use covenants and restrictions contained in <br />Us Agreement alter the expiration of any applicable notice and cure <br />periods; <br />(2) an Event of Default by Developer which is not timely cured after <br />expiration of any applicable notice and cure periods pursuant to the <br />terms of this Agreement. <br />6.9 Closing Costs and Fees. Developer shall pay (a) all escrow fees and charges, <br />(b) all recording fees and charges on any document recorded pursuant to this Agreement, <br />and (c) the premium for the title insurance required hereunder. <br />7. AFFORDABILITY REQUIREMENTS, USE AND MAINTENANCE OF THE <br />PROPERTY <br />11 <br />