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~mple~nentatlon Agt'ee~ne~~ts hereto, shall be construed to provide that a Default relating to one <br /> Phase shall co~~stitt~te a Defatrlt under' any other' Phase, i.e., there shall be ~~o cross defaults <br /> bet~~eerl Phases or" each Phase's Develope~• entity Accordingly, any rights and r'ernedies sought <br /> under this Agreez~ent follo~~it~ a Default shall be limited to the Phase in ~vhich such Default <br /> occurred. <br /> 50, ~g~tts ~'errriiYlatroli, <br /> 543.1 Te~~mi~ratioaa by Agezz~~. ~n the event that tl~e Ager~cy rs riot rn Default <br /> r~ndet" this Agreernerlt, at~d ~a} fire Developer' does not fulfil! one or r~~ore of tl~e Agency's <br /> orrditiorrs Precedent ~~itlr respect to a Phase ~~hich is capable of be~xag satisfied by file <br /> Developer are ar before file tttr~e set far~h herein for irr the schedule of Performance} acrd such <br /> condition is ~~ot satisfied after Notice and air oppor'tutrity to cure as pr"ovided eetlol~ Sal <br /> hereof, acrd such failure rs riot caused b~ the Age~~cy; or fib} tie Developer is otl~er~~ise irr Default <br /> under the terns of this Agree~~er~t at~d fails to cr~re such Default within tl~e time set forth ire <br /> ectiai~ 501 l~e~'eof~ tl~e~~ this Areerr~et~t and any rights Of the Developer or a~~y assignee o~" <br /> transferee ~vitl~ ~'espect to or arisitrg out of <br /> this ~t'eerr~ent shall, at tl~e alation a' tl~e ~.e~e~, be <br /> terminated as to such Phase b~ written native thereof to tl~e Developer. Prom the date of the <br /> ~~ritterl native of tern~inattotY of this Agreement as to stzch Phase by the Agency to the Developer' <br /> at~d thereae~• this Agreement shall be deemed terminated as to srrel~ Phase ~l~ut not as to try <br /> other Pl~ase~, tl~e~l fire Agency slrall not be obligated to make at~~ fu~~l~er disburse~r~et~t of the <br /> Agency Loa~r for' such Phase or of any ~on~ehuye~" Assistance ~oat~, repa.ymerrt of fire <br /> Promissory Note relating to st~cl~ Phase shall be accele~'ated, anti there slrall be no further rights <br /> or' abligatiorrs bet~veera tl~e parties ~vitl~ respect to such Phase, except that if the Developer is ire <br /> default hereunder, the Agency, after delivery of rlatice of default and expiration of tl~e ct~t'e <br /> period pr'ovrded in ectran 50~ her"eaf, t~~ay pursue any ~'e~r~edies it has at la~v or equity against <br /> the Developer' in accordance ~vlth ectio~~ 50~ hereof" <br /> X0,2 Te~~illi~iatiorr De~relapcr•, fir the event the Developer is ltot in Default <br /> ut~de~" this A~'eet~xexrt, and {a~ the Agency does clot fulfill oi~e or rrrore of tl~e Developer's <br /> oiiditions Precedent ~~ith respect to a Phase ~~rhicl~ is capable of beiir satisfied by fire Agency <br /> on or before the trine set far~h ~n this Agreement for i~~ the cl~edt~le of Performance} and such <br /> col~dltlon ~ tlot satls~ied after` trotlce acrd air opportunity to cure as provided in ectio~~ Sal <br /> hereof, and such ~'ailu~•e is not caused by the Developer; or fib} the Agency is otl~e~t~vise in Defa€~lt <br /> under' the terms of this Agreen~e~~t a~~d fails to cure st~cl~ Default ritlrit~ the tame set forth in <br /> ectlan Sit hereof; then this Agi'eer~e~lt at~d ar~y i"fights of the Agency ~vitlr respect to or' arising <br /> or~t of this Agreement slrall, at tl~e option of <br /> the De~elaper', be terminated as to st~eh ~'l~ase by <br /> <br /> ~V~'ittet~ Notice thereof to the Agency, Frain the date of the ~vritte~~ notice of termination of this <br /> <br /> Agi'eeirient as to such Phase by the Develaper• to the Agency and tlaei'eaer this Agreeinerrt slrall <br /> be deeiried terminated as to such Phase ~bt~t i~ot as to airy other Phase, the Developer shall not <br /> be obligated to 'i~i~tlrei' perforrrr tznder' this Agreement with respect to such Phase and there shall <br /> be na fiii'ther' rights ai' abligatioi~s between the pa~~ties with respect to such Phase, except that if <br /> the Agency is In default hertindr tl~e~~ tl~e Developer', after delrver'y of notice of default and <br /> expiration of tl~e cure period provided In Section 541 hereof, ~r~ay pt~~'st~e airy remedies they it <br /> <br /> has at la~v or equity against the Agency ire accor'da~~ce with ectiai150 hereof, <br /> S9 <br /> <br /> DOCS~CJ14~~673~?1312~~272•~~~1 <br /> <br />