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6A8
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1/13/2014 12:25:40 PM
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and neither the Commission nor the Developer shall have any further rights <br />against or liability to the other under the Contract. <br />C. Termination by Commission Prior to Conve ance. <br />In the event that: <br />prior to conveyance of the Property to the Developer and in violation of the <br />Contract: <br />a. the Developer (or successor in interest) assigns or attempts to assign <br />the Contract or any rights therein or the Property, or <br />b. there is any change in the ownership of the Developer or with respect <br />to the identity of the parties holding partnership interest in the <br />Developer or the degree thereof, which the Commission reasonably <br />has refused to approve; or <br />2. the Developer does not submit reasonably satisfactory architectural and site <br />plans, or evidence of necessary equity capital and mortgage financing, in <br />satisfactory form and in the manner and by the dates respectively provided in <br />the Contract therefore; <br />then the Contract and any rights of the Developer in the Contract and the Property shall, at the option <br />of the Commission, without need of the consent of the Developer, be terminated: Provided, however, <br />that with respect to any default or failure referred to in subdivisions 1 or 2 of this SECTION X, <br />Subsection C, a period of thirty (30) days shall be given to cure such failure or default after the date <br />of written demand by the Commission shall be given to cure such failure or default. <br />D. Revesting Title in Commission upon Happening of Event Subsequent to Conveyance <br />to Developer. If, subsequent to conveying any part of the Property to the Developer and prior to <br />completion of the Project as certified by the Commission: <br />1. the Developer (or successor in interest) shall default in or violate its <br />obligations with respect to the construction of the Project, including the <br />nature and the dates for the beginning and completion thereof, or shall <br />abandon or substantially suspend construction work, and any such default, <br />violation, abandonment, or suspension shall not be cured, ended, or remedied <br />within three (3) months [six (6) months, if the default is with respect to the <br />date of completion of the construction] after written demand by the <br />Commission so to do; or <br />2. the Developer (or successor in interest) shall fail to pay real estate taxes or <br />assessments on the Property when due, or shall place thereon any <br />dms.us.53213138.03 11 <br />
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