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201803290406.017 <br /> 13 1 The failure of Developer to substantially comply with the standards of <br /> performance for the Project as set forth in Section 2 1 of this Covenant <br /> 13 2 The failure of Developer to comply with the terms of any Financing <br /> Obligations,and such failure is not cured within any time permitted by the lender holding <br /> such obligations <br /> 13 3 The failure of Developer to submit and obtain approval as to any Material <br /> Modification of the Approved Plans and Specs in accordance with in Section 5 <br /> 13 4 The failure of Developer to construct the Project in accordance with the <br /> Approved Plans and Specs, as the same may be modified pursuant to Section 5 4 <br /> 13 5 The failure of Developer to diligently prosecute construction and complete <br /> the Project so that construction of the Project is commenced by the Project <br /> Commencement Date and is substantially complete by the Project Completion Date, <br /> subject to Force Majeure <br /> 13 6 Conversion of any portion of the Property or the Improvements to any use <br /> other than the uses permitted in this Covenant <br /> 13 7 The failure of Developer to comply with Section 6 or Section 10 or <br /> Section 11 of this Covenant or to satisfy the mdemnities set out in this Covenant <br /> 13 8 The making by Developer of an assignment for the benefit of creditors, <br /> contrary to the terms of this Covenant, or filing a petition in bankruptcy or of <br /> reorganization under any bankruptcy or insolvency law or filing a petition to effect a <br /> composition or extension of time to pay its debts <br /> 13 9 The appointment of a receiver or trustee of the property of Developer, <br /> which appointment is not vacated or stayed within sixty (60) days, or the filing of a <br /> petition in bankruptcy against Developer or for its reorganization under any bankruptcy <br /> or insolvency law which not dismissed or stayed by the court within sixty(60)days after <br /> such filing <br /> 13 10 Any transfer of Property in violation of Section 3 of this Covenant <br /> 13 11 Any material breach by Developer of any City-Developer Agreement <br /> Upon the happening of any of the above described events, the City shall notify <br /> Developer in writing of its purported breach, failure or act above described As to each <br /> event described m this Section 13,Developer's failure to cure such breach, failure or act, <br />