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market value of the Property, within two years (or such longer time period reasonably <br />determined by City), to at least the value it had immediately prior to sustaining the <br />damage. Such demonstration shall include delivery to City of (i) plans and specifications <br />reasonably satisfactory to City, and (ii) a rehabilitation contract in form and content, and <br />with a contractor, reasonably satisfactory to City. <br />(b) To the extent that the Proceeds are insufficient to <br />accomplish the restoration required above, Developer shall deliver to City (the "Shortfall <br />Funds") in the amount of such shortfall, which funds shall be assigned to City as security <br />for Developer's obligation hereunder and held and disbursed in the same manner as the <br />Proceeds. <br />(c) Developer shall execute such documents as City requires to <br />evidence and secure Developer's obligation to use all amounts disbursed for the diligent <br />restoration of the Property. <br />(d) No Event of Default shall remain uncured. <br />19.6 Method of Disbursement and Undisbursed Funds. <br />Any Proceeds and Shortfall Funds to be disbursed to Developer shall be held by City and <br />disbursed in accordance with then customary disbursement procedures and related <br />provisions. Any amounts remaining undisbursed following completion of such restoration <br />shall be returned to Developer up to the amount of any Shortfall Funds deposited by <br />Developer, and any other amounts remaining shall either be paid to Developer or applied <br />by City against any obligations to City that are secured by a lien on the Property, as they <br />elect in their sole and absolute discretion. <br />19.7 Failure to Satisfy Conditions. In the event that Developer <br />fails to fulfill the Restoration Conditions within ninety (90) days (unless extended <br />pursuant to Section 19.5) following the date on which the damage occurs, the Proceeds <br />shall be applied by City against any obligations to City that are secured by a lien on the <br />Property, and the selection of which such obligations to apply the Proceeds against shall <br />be made by City in their sole and absolute discretion. <br />19.8 Restoration. Nothing in this Article 19 shall be <br />construed to excuse Developer from repairing and restoring all damage to the Property in <br />accordance with other Loan Document provisions, regardless of whether insurance <br />proceeds are available or sufficient. <br />19.9 Condemnation; Treatment of Compensation. Subject to any <br />superior rights of Senior Lender, Developer hereby assigns to the City, as security for all <br />obligations to City secured by a lien on the Property, all amounts payable to Developer in <br />connection with any Condemnation, and any proceeds of any related settlement <br />(collectively, "Compensation"). Subject to any superior rights of Senior Lender, <br />Developer shall deliver such remaining Compensation to City immediately upon receipt. <br />If the taking results in a loss of the Property to an extent that, in the reasonable opinion of <br />City, renders or is likely to render the Property not economically viable or if, in City's <br />reasonable judgment Developer's security is otherwise impaired, City may apply the <br />36 <br />