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WESTVIEW HOUSE L (3).P
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WESTVIEW HOUSE L (3).P
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Last modified
7/6/2022 11:57:00 AM
Creation date
7/6/2022 11:54:11 AM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-085
Agency
Community Development
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reason therefore, shall constitute an Event of Default by Developer: <br />(a) Developer fails to make any payment of principal or interest under <br />the City/Rental Rehabilitation Program Loan Note when due, and such failure is not cured <br />within thirty (30) Business Days after Developer's receipt of written notice that such <br />payment was not received when due; <br />(b) Developer fails to perform any other obligation for the payment of <br />money under any Loan Documment, and such failure is not cured within thirty (30) Business <br />Days after Developer's receipt of written notice that such obligation was not performed <br />when due; <br />(c) Developer fails to perform any obligation (other than the obligations <br />described in subparagraphs (a) and (b) above) under any Loan Document, and such failure <br />is not cured within thirty (30) days after Developer's receipt of written notice that such <br />obligation was not performed; provided that, if cure cannot reasonably be effected within <br />such thirty (30)-day period, such failure shall not be an Event of Default so long as <br />Developer (in any event, within ten (10) days after receipt of such notice) commences to <br />cure, and thereafter diligently (in any event within one hundred and twenty (120) days after <br />receipt of such notice) prosecutes such cure to completion; <br />(d) Any representation or warranty in any Loan Document proves to <br />have been incorrect in any material respect when made; <br />(e) Reserved; <br />(f) Work on the construction ceases for ninety (90) consecutive days <br />for any reason (other than governmental orders, decrees or regulations, acts of God or any <br />other deity, strikes or other causes beyond Developer's reasonable control), provided that <br />the same do not, in the aggregate and in the City's reasonable judgment, threaten to delay <br />the completion of the construction beyond the required completion date set forth in this <br />Agreement; <br />(g) Developer is enjoined or otherwise prohibited by any Governmental <br />Authority from constructing and/or occupying the improvements and such injunction or <br />prohibition continues unstayed for ninety (90) days or more for any reason; <br />(h) Developer is dissolved, liquidated or terminated, or all or <br />substantially all of the assets of Developer are sold or otherwise transferred without the <br />Executive Director's prior written consent; <br />(i) Developer is the subject of an order for relief by a bankruptcy court, <br />or is unable or admits its inability to pay its debts as they mature, or makes an assignment <br />for the benefit of creditors; or Developer applies for or consents to the appointment of any <br />receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or <br />any part of its property; or any receiver, trustee, custodian, conservator, liquidator, <br />rehabilitator or similar officer is appointed without the application or consent of Developer <br />and the appointment continues undischarged or unstayed for ninety (90) days; or Developer <br />45 <br />Westview House <br />City Rental Rehabilitation Program Loan Agreement <br />
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