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80A - JT PH VISTA DEL RIO HOUSING
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80A - JT PH VISTA DEL RIO HOUSING
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1/3/2012 4:17:53 PM
Creation date
7/15/2009 1:12:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
7/20/2009
Destruction Year
2014
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19.9.1 Notwithstanding the foregoing, as long as the value of City's liens are not <br />impaired, any condemnation proceeds may be used by the Borrower for repair and/or restoration <br />of the project. <br />19.10 Waiver of Subrogation. Vista Del Rio hereby waives all rights to <br />recover against the Agency or the City (or any officer, employee, agent or representative of <br />Agency or City) for any loss incurred by Vista Del Rio from any cause insured against or <br />required by any Loan Document, to be insured against; provided, however, that this waiver of <br />subrogation shall not be effective with respect to any insurance policy if the coverage thereunder <br />would be materially reduced or impaired as a result. Vista Del Rio shall use its best efforts to <br />obtain 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 reason <br />therefore, shall constitute an Event of Default by Vista Del Rio: <br />(a) Vista Del Rio fails to make any payment of principal or <br />interest under the City Loan Note(s) when due, and such failure is not cured within fifteen (15) <br />Business Days after Vista Del Rio's receipt of written notice that such payment was not received <br />when due; <br />(b) Vista Del Rio fails to perform any other obligation for the <br />payment of money under any Loan Document, and such failure is not cured within fifteen (15) <br />Business Days after Vista Del Rio's receipt of written notice that such obligation was not <br />performed when due; <br />(c) Vista Del Rio fails to perform any obligation (other than the <br />obligations described in subparagraphs (a) and (b) above) under any Loan Document, and such <br />failure is not cured within thirty (30) days after Vista Del Rio's receipt of written notice that such <br />obligation was not performed; provided that, if cure cannot reasonably be effected within such <br />thirty (30)-day period, such failure shall not be an Event of Default so long as Vista Del Rio (in <br />any event, within ten (10) days after receipt of such notice) commences to cure, and thereafter <br />diligently (in any event within ninety (90) days after receipt of such notice) prosecutes such cure <br />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) The Property is materially damaged or destroyed by fire or other <br />casualty unless Vista Del Rio fulfills the Restoration Conditions set forth in the insurance <br />provisions of this Agreement within ninety (90) days (unless extended pursuant to Section 19.5) <br />and thereafter diligently restores the Property in accordance with this Agreement; <br />37 <br />80A-113 <br />
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