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Developer in bankruptcy or insolvency or for any of its properties, or(4) directing the winding up or liquidation of the Developer, in each case if such decree, order, petition, or appointment is not removed or rescinded within ninety(90) days, (1) Developer shall have assigned its assets for the benefit of its creditors (other than pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within ninety(90) days after such event (unless a lesser time penod is permitted for cure pursuant to paragraphs (h) or(i) above or pursuant to any other mortgage on the Property, in which event such lesser time period shall apply under this subsection as well) or pnor to any sooner sale pursuant to such sequestration, attachment, or execution; (k) The Developer shall have voluntarily suspended its business or Developer shall have been dissolved or terminated; (I) An event of default anses under any City Document and remains uncured beyond any applicable cure penod, or (m) Developer defaults in the performance of any term,provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 10 1 and unless a shorter cure period is specified for such default, the default continues for ten (10) days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default after the date upon which City shall have given written notice of the default to Developer; provided however, if the default is of a nature that it cannot be cured within thirty(30) days, an Event of Developer Default shall not anse hereunder if Developer commences to cure the default within thirty(30) days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion 10.2 City Default. An event of default on the part of City ("Event of City Default") shall anse hereunder if City fails to keep, observe, or perform any of its covenants, duties, or obligations under this Agreement, and the default continues for a penod of sixty(60) days after wntten notice thereof from Developer to City, or in the case of a default which cannot with due diligence be cured within sixty(60) days, City fails to commence to cure the default within sixty (60) days of such notice and thereafter fails to prosecute the curing of such default with due diligence and in good faith to completion 10.3 City's Right to Terminate Agreement If an Event of Developer Default shall occur and be continuing beyond any applicable cure penod, then City shall, in addition to other nghts available to it under law or this Agreement, have the nght to terminate this Agreement If City makes such election, City shall give written notice to Developer and to any mortgagee entitled to such notice specifying the nature of the default and stating that this Agreement shall expire and terminate on the date specified in such notice, and upon the date specified in the notice, this Agreement and all nghts of Developer under this Agreement, shall expire and terminate OAK 44822-6539-6013 v5 31