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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 indemnities 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 in this Section 13,Developer's failure to cure such breach,failure or act, <br /> 14 • <br /> 44 <br />