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<br />ARTICLE IX <br /> <br />EVENTS OF DEFAULT AND DMIAGES <br /> <br />Section 9.1 Events of Default Defined. Subject to applicable cure periods, the <br />following shall be "Events of Default" under this Agreement and the term "Event of Default" <br />shall mean whenever it is used in this Agreement anyone or more of the following events: <br /> <br />.Section 9.2' Developer Events of Default. The following shall be Developer Events I <br />of Default: <br /> <br />(a) subject to Unavoidable Delays, the Developer shall fail to begin construction of <br />the Minimum Improvements and to proceed with due diligen,ce to satisfactorily. complete each of <br />the Minimum Improvements as provided in Section 4.3 and by the date set forth on Exhibit H <br />attached hereto, and such failure to begin, or proceed with due diligence to complete, the <br />construction' of the Minimum Improvements shall not be cured within 30 days after written <br />notice to do so. Notwithstanding the -foregoing, if the default reasonably requires more than <br />thirty (30) days to cure, such default shall not constitute an Event of Default, provided that the <br />curing of the default. is promptly commenced upon receipt by the Developer of the notice of the <br />default, and with due diligence is thereafter continuousiy prosecuted to completion and is <br />completed within a reasonable period of .time, and provided that Developer keeps the City well <br />,informed at all times of its progress in curing the default; provided in no event, other than as a <br />result of Unavoidable Delays, shall,such additional cure period extend beyond 180 days; <br /> <br />(b) subject to Unavoidable Delays, the Developer shall default in or violate its, <br />obligations with respect to the construction of the Minimum Improvements (including the nature <br />and the date for the completion thereof), or shall.abandon or substantially suspend construction <br />work, and any such default, violation, abandonment o:r suspension is not cured, ended' or <br />remedied within 30 days after written demand by the City so to do. Notwithstanding the , <br />foregoing, if the default reasonably_requires'more than thirtY (30) days to'cure, such default shall <br />not constitute an Event of Default, provided that the curing of the default is promptly <br />commenced upon receipt by the Developer of the notice of ~e default, and with due diligence is <br />thereafter continuously prosecuted to completion and is completed within a reasonable period of <br />time, and provided that Developer keeps the City well informed at all times of its progress in <br />curing the default; provided in no event, other than as a result of Unavoidable Delays, shall such <br />additional cure period extend beyond 180 days;, <br /> <br />(c) there is, in violation of Article vrn of tins Agreement, any conveyance or otIler <br />transfer of the Development Property or any part thereof, and such violation is not cured within <br />30 days after written demand by the City to the'Developer; . <br /> <br />(d) subject to Unavoidable Delays, failure by Developer to observe or .perform any <br />other covenant, condition, obligation or agreement on .its part to be observed or performed under <br />this Agreement, and the continuation of such failure for a period of thirty (30) days after written <br />notice of such failure from the City. Notwithstanding,the foregoing, if the default reasonably <br />requires' more than thirty (30) days to cure, such default shall not constitute 'an Event of Default, <br /> <br />I 674205v9 <br /> <br />42 <br />