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<br />Trust or any other applicable document or instrument, prior to exercising any remedies, <br />the City shall give Borrower written notice of such default. Borrower shall have seven <br />(7) days after such notice is given within which to cure the default prior to exercise of <br />remedies by City under this Note and/or the Deed of Trust. <br /> <br />d. If a non-monetary event of default occurs under the terms of the <br />Agreement, this Note, the Deed of Trust, prior to exercising any remedies hereunder or <br />thereunder, City shall give Borrower notice of such default. If the default is reasonably <br />capable of being cured within thirty (30) days, Borrower shall have such period to effect <br />a cure prior to exercise of remedies by the City under the applicable agreement, this Note <br />and/or the Deed of Trust. If the default is such that it is not reasonably capable of being <br />cured within thirty (30) days, and Borrower (i) initiates corrective action within said <br />period, and (ii) diligently and in good faith works to effect a cure as soon as possible, <br />then Borrower shall have such additional time as is reasonably necessary to cure the <br />default prior to exercise of any remedies by City. In no event shall City be precluded <br />from exercising remedies if its security becomes or is about to become materially <br />jeopardized by any failure to cure a default or the default is not cured within ninety (90) <br />days after the notice of default is first given. <br /> <br />11. Notwithstanding specific provisions of this Note, nonperformance <br />hereunder shall not be deemed to be in default where delays or defaults are due to: war, <br />insurrection; strikes; lockouts; riots; floods, earthquakes; fires; casualties; acts of God; <br />acts of the public enemy; epidemics; quarantine restrictions; or priority; litigation; <br />unusually severe weather; inability to secure necessary labor, materials or tools; delays of <br />any contractor or supplier; acts of the other party; acts or failure to act of the City or any <br />other public or governmental agency or entity (except that an any act or failure to act of <br />City shall not excuse performance by City); or any other causes beyond the reasonable <br />control or without the fault of the party claiming an extension of time to perform. An <br />extension oftime for any such cause shall be for the period of the enforced delay and <br />shall commence to run from the time of the commencement of the cause. If, however, <br />notice by the party claiming such extension is sent to the other party more than thirty (30) <br />days after the commencement of the cause, the period shall commence to run only thirty <br />(30) days prior to the giving of such notice. Times of performance under this Note may <br />also be extended in writing by the City and Borrower. <br /> <br />12. If the rights created by this Note shall be held by a court of competent <br />jurisdiction to be invalid or unenforceable as to any part of the obligations described <br />herein, the remaining obligations shall be completely performed and paid. <br /> <br />13. Borrower shall have the right to prepay the obligation evidenced by this <br />Note, or any part thereof, without penalty. <br /> <br />IN WITNESS WHEREOF, Borrower has executed this Note as of the day and <br />year set forth above. <br /> <br />6 <br />