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VIII. Default <br /> <br />If the City makes a finding that Developer has not complied in good faith and in a <br />material respect with the terms and conditions of this Agreement, the City shall <br />provide written notice to Developer describing (i) such failure to comply with the <br />terms and conditions of this Agreement (referred to herein as a "Default"), and (ii) the <br />actions required by Developer to cure such Default. Developer shall have ninety (90) <br />days after the date of such notice to cure such Default, or in the event that such <br />Default cannot be cured within such 90-day period, Developer shall have commenced <br />the actions necessary to cure such Default and shall be diligently proceeding to <br />complete such actions necessary to cure such Default within 90 days from the date of <br />notice. If developer fails to cure or pursue the cure of a Default as set forth above, the <br />City may modify or terminate this Agreement as provided below. <br /> <br />If, upon a finding under Section (a) and the continuance of Developer's Default <br />beyond the expiration of the cure period specified therein, City determines to proceed <br />with modification or termination of this Agreement, City shall give written notice to <br />Developer of its intention so to do. The notice shall be given at least ten (10) calendar <br />days before the scheduled heating and shall contain: <br /> <br />(i) The time and place of the hearing; <br /> <br />(ii) <br /> <br />A statement as to whether or not City proposes to terminate or to <br />modify the Agreement; and <br /> <br />(iii) <br /> <br />Such other information as is reasonably necessary to inform Developer <br />of the nature of the proceeding. <br /> <br />Agreement for Disposition and Development <br />of Land for Private Development - DATE . 1997 <br /> <br /> Page 7 <br />ALFDDA 1. SAM; 0 1 / 10/9 7 <br /> <br /> <br />