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9.1 Events of Default. The occurrence of any one or more of the following events <br /> shall constitute an event of default hereunder("Event of Default"): <br /> (i) The occurrence of a Transfer in violation of Section 8 hereof; <br /> (ii) Owner's failure to maintain insurance on the Property and the Project as <br /> required hereunder, and the failure of Owner to cure such default within five (5)days; <br /> (iii) Subject to Owner's right to contest the following charges, Owner's failure <br /> to pay taxes or assessments due on the Property or the Project or failure to pay any other charge <br /> that may result in a lien on the Property or the Project,and Owner's failure to cure such default <br /> within twenty(20)days of delinquency, but in all events prior to the date upon which the holder <br /> of any such lien has the right to foreclose thereon; <br /> (iv) A default arises under any loan secured by a mortgage, deed of trust or <br /> other security instrument recorded against the Property and remains uncured beyond any <br /> applicable cure period such that the holder of such security instrument has the right to accelerate <br /> repayment of such loan; <br /> (v) A default arises under the Loan Agreement, the Note,the City HOME <br /> Note, the Deed of Trust,the City HOME Deed of Trust,or the Ground Lease and remains <br /> uncured beyond the expiration of any applicable cure period; <br /> (vi) Owner's default in the performance of any term,provision or covenant <br /> under this Agreement(other than an obligation enumerated in this Section 9.1), and unless such <br /> provision specifies a shorter cure period for such default, the continuation of such default for ten <br /> (10)days in the event of a monetary default or thirty(30)days in the event of a non-monetary <br /> default following the date upon which City shall have given written notice of the default to <br /> Owner, or if the nature of any such non-monetary default is such that it cannot be cured within <br /> thirty(30)days, Owner's failure to commence to cure the default within thirty(30)days and <br /> thereafter prosecute the curing of such default with due diligence and in good faith, but in no <br /> event longer than ninety(90)days from receipt of the notice of default. <br /> The limited partners of Owner shall have the right to cure any default of Owner hereunder <br /> upon the same terms and conditions afforded to Owner; provided however, if the default is of <br /> such nature that the limited partners reasonably determine that it is necessary to replace the <br /> general partner of Developer in order to cure such default, then the cure period shall be extended <br /> by an additional sixty(60)days after the removal and replacement of such general partner, <br /> provided that the limited partners have promptly commenced and diligently proceeded with all <br /> requisite actions to effect such removal and replacement. City shall provide a copy of any notice <br /> of default hereunder to the limited partners at the address set forth in Section 11.3 hereof,or to <br /> such other address provided to the City in writing, concurrently with the provision of such notice <br /> to Owner. <br /> 9.2 Remedies. Upon the occurrence of an Event of Default and its continuation <br /> beyond any applicable cure period, City may proceed with any of the following remedies: <br /> 21 <br /> OAK #9832-3506-8205 v2 <br />