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6B(1)
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08-06-10 Packet
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6B(1)
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Agreement and the Grant Agreement executed concurrently herewith (the ``Grant <br />Agreement''). Each quarterly report shall include all Work on the Project, whether <br />carried out with Loan Funds pursuant to this Agreement or with funds obtained through a <br />grant from the City pursuant to the Grant Agreement. <br />12.4. The Commission shall ensure that all contractors, subcontractors or any <br />other parties performing the Remediation Work submit reports as necessary to allow <br />Commission to comply with the notice requirements in Section 12.2. <br />12.5. The Commission shall furnish such other information as the City may <br />from time to tune reasonably request. <br />13. Events of Default. <br />13.1. In the event of a default of any of the terms or conditions of this <br />Agreement, the entire amount of Project Loan Funds disbursed to the Commission shall <br />become immediately due and payable without the necessity of demand from the City. <br />The Commission shall be deemed to be in default under this Agreement upon the <br />occurrence of any one or more of the following events (each an "Event of Default''): <br />13.1.1. The Commission assigns this Agreement or any Project Loan <br />Funds advanced hereunder or any interest herein to a third party or if the Property <br />or any interest is conveyed, assigned or otherwise transferred without the prior <br />written consent of the City. <br />13.1.2. Any representation or warranty made herein or in any report, <br />certificate, financial statement or other instrument furnished in connection with <br />this Agreement shall prove to be false in any material respect. <br />13.1.3. The Commission defaults in the performance of any tern1, <br />covenant or condition to be performed hereunder and such default is not remedied <br />within 30 days, unless a longer period of time is reasonably required to cure the <br />default, from and after receipt of written notice by certified mail, return receipt <br />requested, from the City to the Commission, specifying said default, or, if such <br />default cannot be remedied within that period and remedial effort is not <br />commenced within that period and diligently and continuously pursued, the City <br />shall have the right to proceed by appropriate judicial proceedings to enforce <br />performance or observation of the applicable provisions of this Agreement and/or <br />terminate this Agreement and recover damages from the Commission to the <br />extent allowed by law. <br />13.1.4. Any proceeding involving the Commission or the Property, <br />commenced under any bankruptcy or reorganization arrangement, probate, <br />insolvency, readjustment of debt, dissolution or liquidation law of the United <br />States, or any state, but if such proceedings are instituted, no Event of Default <br />shall be deemed to have occurred hereunder unless the City either approves, <br />consents to, or acquiesces in such proceedings, or such proceedings are not <br />dismissed within 60 days. <br />12 <br />
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