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any receiver, trustee, or liquidator, for Borrower or a substantial part of its assets, or a writ <br />or warrant of attachment or similar process is issued against a substantial part of Borrower's <br />assets, and such petition is not dismissed, or such writ or warrant is not released or bonded, <br />within thirty (3 0) days after the filing or levy; and <br />(7) Judgments -- If final judgment is entered against Borrower for the payment of money and <br />such judgment is not fully covered by liability insurance and is in excess of Ten Thousand <br />Dollars ($10,000.00) and is not discharged or appealed with execution of said judgment <br />stayed pending appeal, or, if such judgment be affirmed on appeal and not discharged <br />within thirty (3 0) days. <br />II. Temporarily or permanently witl hol.cl ofunds not yet paid to the Borrower; <br />III. Recover funds previously paid to the Borrower; <br />IV. Disallow all or part of the cost d- a noncomblia <br />V. wholly or partially sus- <br />VI. Exercise any land all additl <br />Section 7.01 `VV�ai"ers <br />e <br />lvlty; <br />60 rights the City may have in law or equity. <br />gall be effective five (5) days after the date the City has <br />#on, If City chooses any of the other remedies outlined, <br />>f any of the obligations pursuant to this Agreement. <br />- Miscellaneous <br />The City's failuIre fir. delay in exercising any right, power, or remedy hereunder shall not operate as <br />a waiver thereof. The Citys sirgle'or partial exercise of any such right, power or remedy shall not preclude <br />any other or further exercise thereof of the exercise of any other right, power or remedy hereunder. <br />No modification or waiver of any provision of the Loan Documents, nor any consent to any <br />departure by Borrower therefrom, shall in any event be effective or established by a court, custom, or course <br />of dealing unless the same is in writing and executed by Borrower and the City. Such waiver of consent <br />shall be effective only for the specific purpose for which it was given or limited to the particular breach so <br />waived. Notice to or demand on Borrower in one instance shall not entitle Borrower to any other further <br />notice or demand in other circumstance. <br />Section 7.02 Agreement Amendments <br />Page 10 of 30 <br />