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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) Business Days after receipt of such notice) <br />commences to cure, and thereafter diligently (in any event within ninety (90) days after <br />receipt of such notice) prosecutes such cure to completion; <br />(d) Any representation or warranty in any Loan Document <br />proves to have been incorrect in any material respect when made; <br />(e) The Property is materially damaged or destroyed by fire or <br />other casualty unless Developer fulfills the Restoration Conditions set forth in the <br />insurance provisions of this Agreement within one hundred eighty (180) days (unless <br />extended pursuant to Section 19.5) and thereafter diligently restores the Property in <br />accordance with this Agreement; <br /> (f) Work on the construction ceases for thirty (30) consecutive <br />days for any reason (other than governmental orders, decrees or regulations, acts of God or <br />any other deity, strikes or other causes beyond Developer's reasonable control); <br />(g) Developer is enjoined or otherwise prohibited by any <br />Governmental Authority from constructing and/or occupying the Improvements and such <br />injunction or prohibition continues unstayed for sixty (60) days or more for any reason; <br />(h) Developer is dissolved, liquidated or terminated, or all or substantially <br />all of the assets of Developer are sold or otherwise transferred without the City Project <br />Manager's prior written consent; <br />(i) Developer is the subject of an order for relief by a bankruptcy court, or <br />is unable or admits its inability to pay its debts as they mature, or makes an assignment for <br />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 />institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, <br />readjustment of debt, dissolution, custodianship, conservatorship, liquidation, construction <br />or similar proceeding relating to it or any part of its property; or any similar proceeding is <br />instituted without the consent of Developer and continues undismissed or unstayed for <br />ninety (90) days; or any judgment, writ, warrant of attachment or execution, or similar <br />process is issued or levied against any property of Developer and is not released, vacated <br />or fully bonded within ninety (90) days after its issue or levy; or <br />(j) (i) any of the Senior Loan Documents is revoked or terminated, in whole <br />or in part and for any reason (except due to repayment of such loans), without the City <br />Project Manager's prior written consent, or (ii) Developer defaults or otherwise fails to <br />perform any of its duties or obligations under or in connection with any of the Senior Loan <br />Documents, subject to all applicable notice and cure periods, or (iii) any of the Senior Loan <br />Documents is amended, supplemented or otherwise modified without Agency's prior <br />written consent, which consent shall not be unreasonably withheld. <br />EXHIBIT 4