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period, such failure shall not be an Event of Default so long as Developer (in any event, within <br />ten (10) days after receipt of such notice) commences to cure, and thereafter diligently (in any <br />event within ninety (90) days after receipt of such notice) prosecutes such cure to completion; <br />d. Any representation or warranty in any Loan Document proves to have <br />been incorrect in any material respect when made; <br />e. The Property is materially damaged or destroyed by fire or other casualty <br />unless Developer fulfills the Restoration Conditions set forth in the insurance provisions of this <br />Agreement within one hundred twenty (120) days after the applicable insurance company has <br />processed any claim (unless extended pursuant to Section 19.5) and thereafter diligently restores <br />the Property in accordance with this Agreement; <br />f. Work on the construction ceases for thirty (30) consecutive days for any <br />reason (other than governmental orders, decrees or regulations, acts of God or any other deity, <br />strikes or other causes beyond Developer's reasonable control), provided that the same do not, in <br />the aggregate and in the City's reasonable judgment, threaten to delay the completion of the <br />construction beyond the required completion date set forth in this 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 sixty (60) days or more for any reason; <br />h. Developer is dissolved, liquidated or terminated, or all or substantially all <br />of the assets of Developer are sold or otherwise transferred without the City Project Manager's <br />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 the <br />benefit of creditors; or Developer applies for or consents to the appointment of any receiver, <br />trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its <br />property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar <br />officer is appointed without the application or consent of Developer and the appointment <br />continues undischarged or unstayed for ninety (90) days; or Developer institutes or consents to <br />any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, <br />custodianship, conservatorship, liquidation, construction or similar proceeding relating to it or <br />any part of its property; or any similar proceeding is instituted without the consent of Developer <br />and continues undismissed or unstayed for one hundred twenty (120) days; or any judgment, <br />writ, warrant of attachment or execution, or similar process is issued or levied against any <br />property of Developer and is not released, vacated or hilly bonded within ninety (90) days after <br />its issue or levy; or <br />j. (i) any of the Senior Loan documents is revoked or terminated, in whole or <br />in part for any reason if Developer cannot replace with another loan within sixty (60) days of <br />such revocation or termination (except due to repayment of such loans), without the City Project <br />Manager's prior written consent, or (ii) Developer defaults or otherwise fails to perform any of <br />its duties or obligations under or in connection with any of the Senior Loan documents, subject <br />36 <br />1076 \53 \1399352.1 <br />