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JAMBOREE HOUSING CORPORATION
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Last modified
9/26/2018 12:18:46 PM
Creation date
9/24/2018 12:31:18 PM
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Contracts
Company Name
JAMBOREE HOUSING CORPORATION
Contract #
A-2018-198
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
8/21/2018
Destruction Year
0
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recover against the City (or any officer, employee, agent or representative of the City) for <br />any loss incurred by Developer from any cause insured against or required by any Loan <br />Document, to be insured against; provided, however, that this waiver of subrogation shall <br />not be effective with respect to any insurance policy if the coverage thereunder would be <br />materially reduced or impaired as a result. Developer shall use its best efforts to obtain <br />only policies which permit the foregoing waiver of subrogation. <br />20. DEFAULTS AND REMEDIES <br />20.1 Events of Default. The occurrence of any of the following, whatever the <br />reason therefore, shall constitute an Event of Default by Developer: <br />(a) Developer fails to make any payment of principal or <br />interest under the City Loan Note when due, and such failure is not cured within fifteen <br />(15) Business Days after Developer's receipt of written notice that such payment was not <br />received when due; <br />(b) Developer fails to perform any other obligation for the <br />payment of money under any Loan Document, and such failure is not cured within fifteen <br />(15) Business Days after Developer's receipt of written notice that such obligation was <br />not performed when due; <br />(c) Developer fails to perform any obligation (other than the <br />obligations described in subparagraphs (a) and (b) above) under any Loan Document, and <br />such failure is not cured within thirty (30) days after Developer's receipt of written notice <br />that such obligation was not performed; provided that, if cure cannot reasonably be <br />effected within such thirty (30) -day period, such failure shall not be an Event of Default <br />so long as Developer (in any event, within ten (10) days after receipt of such notice) <br />commences to cure, and thereafter diligently (in any event within ninety (90) days after <br />receipt of such notice) prosecutes such cure to completion; <br />(d) Any representation or warranty in any Loan Document proves to <br />have been incorrect in any material respect when made; <br />(e) Reserved; <br />(f) Work on the construction ceases for ninety (90) consecutive days <br />for any reason (other than governmental orders, decrees or regulations, <br />acts of God or any other deity, strikes or other causes beyond Developer's <br />reasonable control), provided that the same do not, in the aggregate and in <br />the City's reasonable judgment, threaten to delay the completion of the <br />construction beyond the required completion date set forth in this <br />Agreement; <br />(g) Developer is enjoined or otherwise prohibited by any <br />Governmental Authority from constructing and/or occupying the improvements and such <br />injunction or prohibition continues unstayed for ninety (90) days or more for any reason; <br />36 <br />
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