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(e) any event which after the giving of all required notices and the <br />expiration of all applicable cure periods, would constitute an Event of Default; <br /> <br />(f) any material default by Developer or any other party under any <br />Senior Loan Document, or the receipt by Developer of any notice of default under any <br />Senior Loan Document; <br /> <br />(g) the creation or imposition of any mechanics’ or materialmans’ lien <br />or other lien against the Property which might materially affect the Property, which is not <br />bonded over or released; and/or <br /> <br />(h) any material adverse change in the financial condition of Developer. <br /> <br />11.3 Further Assurances. Developer shall execute and acknowledge (or cause <br />to be executed and acknowledged) and deliver to Agency all documents, and take all <br />actions, reasonably required by Agency from time to time to confirm the rights created or <br />now or hereafter intended to be created under the Agency Loan Documents; to protect and <br />further the validity, priority and enforceability of the Agency Deed of Trust; to subject to <br />the Deed of Trust any property intended by the terms of any Loan Document(s) to be <br />covered by the Agency Deed of Trust or otherwise to carry out the purposes of the Agency <br />Loan Documents and the transactions contemplated thereunder. <br /> <br />12. OTHER COVENANTS <br /> <br />While any obligation of Developer under the Agency Note or Agency Deed of Trust <br />remain outstanding, the following provisions shall apply, except to the extent that City <br />Project Manager otherwise consents in writing: <br /> <br />12.1 Default on Senior Loan. Developer shall not default on any of the Senior <br />Loan Documents, provided however, that Developer shall have such period as is provided <br />in the Senior Loan Documents during which to effectuate a cure. <br /> <br />12.2 Transfer or Lease of Property. Unless and until Developer has received <br />a Certificate of Completion for the construction from Agency, except for any Excluded <br />Transfers or any other transfer permitted pursuant to the Ground Lease, Developer shall <br />not lease (other than to tenants meeting the requirements set forth in this Agreement), <br />sublease or otherwise transfer all or any part of the Property or any interest therein without <br />the prior written consent of the City Project Manager, which consent may be withheld in <br />the City Project Manager's reasonable discretion. In connection with the foregoing consent <br />requirements, Developer acknowledges that Agency relied upon Developer's particular <br />expertise in entering into this Agreement and continues to rely on such expertise to ensure <br />the satisfactory completion of the construction. <br /> <br />13. CERTIFICATE OF COMPLETION <br /> <br />Upon satisfactory completion of the construction and upon the request of <br />Developer, or at its own election, the Agency shall issue a Certificate of Completion. Such <br />EXHIBIT 4