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202406660 (a) The Borrower shall fail to perform or observe any term, covenant or agreement contained in the Loan Documents on its part to be performed or observed within ten (10) days after receiving written notice from Lender; (b) The Borrower fails to conform to the Occupancy Restrictions and such failure is not cured within ten (10) days' written notice thereof, provided, however, that if such failure cannot be cured within such ten (10) day period, Borrower shall have an additional reasonable period of time in which to cure the same, provided Borrower commences to cure and diligently prosecutes the cure during the initial ten (10) day period to the Lender's satisfaction; (c) Any representation, warranty or covenant made by Borrower in this Agreement, in any of the other Loan Documents, or in any certificate or document furnished under the terms of this Agreement or in connection with the Loan, shall be untrue in any material respect when made or given; (d) An event of default shall have occurred and be continuing beyond expiration of any applicable cure period under the terms of any of the other Loan Documents, or any other instrument securing the Note or any other instrument collateral to the Note or executed in connection with the sums secured hereby; (e) Except for leases to tenants of the Project in accordance with the terms of the Contract, the Property, or any part thereof, shall be sold, conveyed, or transferred. . This provision shall apply to each and every sale, transfer, or conveyance of the Property regardless of whether or not the Lender has consented or waived its rights, whether by action or non -action in connection with any previous sale, transfer, conveyance, or transfer of possession of the Property. Notwithstanding the foregoing, the Property may be encumbered for construction, tax increment or permanent financing with a third party lender; (f) Work on the Project shall be effectively abandoned, or shall, by reason of Borrower's fault, be unreasonably delayed or discontinued for a period of forty-five consecutive (45) days, or construction shall be delayed for any reason, except Force Majeure Events, to the extent that completion of the Project cannot, in the reasonable judgment of Lender, be accomplished by the Completion Deadline; (g) Borrower shall commit an act of bankruptcy; or shall apply for, consent to or permit the appointment of a receiver, custodian, trustee or liquidator for it or any of its property or assets; or shall admit in writing its inability to, pay its debts as they mature; or shall make a general assignment for the benefit of creditors or shall be adjudicated bankrupt or insolvent; or shall take other similar action for the benefit or protection of its creditors; or shall give notice to any governmental body of insolvency or pending insolvency or suspension of operations; or shall file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors, or to take advantage of any bankruptcy, reorganization, insolvency, readjustment of debt, rearrangement, dissolution, liquidation or other similar debtor relief law or statute; or shall file an answer admitting the material allegations of a petition filed against it in any proceeding under any