9093-19 13900 Lake Ave. Econ Dev Rebate

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Section 5.09 Notice of Default Within ten (10) days of any event, which constitutes an Event of Default, as defined in Article VI, or as defined under any of the Grant Documents, Grantee shall provide written notice to the City of the event. If an event occurs which would, with notice or lapse of time, constitute an Event of Default; Grantee shall likewise give notice to the City within ten (10) days of the discovery of that event. Section 5.10 Indemnification Grantee shall be fully responsible and shall indemnify and hold harmless the City, its officials, employees and agents against all liability, claims, demands, losses, damages, delays and costs arising from any act or omission by, or negligence of Grantee and its officers, agents, or employees or its contractor or subcontractor or the officers, agents or employees of the contractor or subcontractor while engaged in the performance of this Agreement. Also, no member, official, or employee of the City or of its agents or contractors shall be personally liable to Grantee in the event of any default or breach of the Agreement by the City. ARTICLE VI — EVENTS OF DEFAULT The disbursement of Grant funds will end, without any other notice or demand of any kind of presentment or protest, if any one of the following events occurs (an "Event of Default ") whether it is voluntary or involuntary or, without limitation, occurring or brought about by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body. Section 6.01 Default and Cure (1) Default Under Agreement -- If Grantee shall fail to comply with its obligations under this Agreement. (2) Payment Default Under Other Indebtedness -- If default shall exist in the payment when due of any installment of principal or interest on any of Grantee's other indebtedness and if such default shall remain unremedied for thirty (30) days whether such other indebtedness is in existence at the Execution Date or incurred after such date; (3) Incorrect Representations or Warranties -- If any representation or warranty contained in or made in connection with the execution and delivery of this Agreement or in any certificate furnished pursuant hereto shall prove to have been incorrect or untrue in any material respect when made; (4) Default in Covenants -- If Grantee defaults in the performance of any other term, covenant, or agreement contained in the Grant Documents and such default shall continue unremedied for thirty (30) days after the earlier of either: (1) the default becoming known to an executive officer of Grantee; or (2) written notice thereof was given to Grantee by City; Page 9 of 18