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(d) any aspect of the Improvements that is not in substantial conformity with <br /> the plans or code; <br /> (e) any event which after the giving of all required notices and the expiration <br /> of all applicable cure periods, would constitute an Event of Default; <br /> (f) any material default by Developer or any other party under any Senior <br /> Loan document, or the receipt by Developer of any notice of default under any Senior Loan <br /> document; <br /> (g) the creation or imposition of any mechanics' or materialmans' lien or other <br /> lien against the Property which might materially affect the Property, which is not bonded over or <br /> released; and/or <br /> (h) any material adverse change in the financial condition of Developer. <br /> 11.3 Further Assurances. Developer shall execute and acknowledge(or cause to be <br /> executed and acknowledged) and deliver to City all documents, and take all actions, reasonably <br /> required by City from time to time to conffi,n the rights created or now or hereafter intended to be <br /> created under this Agreement. <br /> 12. OTHER COVENANTS <br /> The following provisions shall apply, except to the extent that the City Project Manager <br /> otherwise consents in writing: <br /> 12.1 Default on Senior Loan.Developer shall not be in default on any Senior Loan <br /> Documents(as approved by the City),provided however, that Developer shall have such period <br /> as is provided in the Senior Loan Documents during which to effectuate a cure. <br /> 12.2 Sale or Lease of Property.Developer shall not sell, lease (other than to qualified <br /> homeowners meeting the requirements set forth in this Agreement), sublease or otherwise transfer <br /> all or any part of the Property or any interest therein without the prior written consent of the City <br /> Project Manager, which consent may be withheld in the City Project Manager's sole discretion. In <br /> connection with the foregoing consent requirements, Developer acknowledges that City relied <br /> upon Developer's particular expertise in entering into this Agreement and continues to rely on <br /> such expertise to ensure the satisfactory completion of the construction. <br /> 13. CERTIFICATE OF COMPLETION <br /> Upon satisfactory completion of the construction and upon the request of Developer, or at its <br /> own election, the City shall issue a Certificate of Completion. Such Certificate of Completion shall <br /> be, and shall so state, conclusive determination of satisfactory completion of the construction, The <br /> Certificate of Completion may be issued in the form of the Certificate of Occupancy or Final <br /> Inspection Notice from the City.The City may deny the Certificate of Completion if the Developer <br /> I8 <br /> 55394.00101\42414134.1 <br />