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81005739
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Last modified
1/14/2010 10:49:36 PM
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1/14/2010 10:48:31 PM
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DEEDS
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81005739
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81--~U~73~ <br />be cured within thirty (:i0) days after the date of written <br />demand by the Redeveloper; or <br />(b) the Redeveloper shall, after preparation of Construction Plans <br />satisfactory to the ~~gency, furnish evidence satisfactory to <br />the Agency that it has been unable, after and despite diligent <br />effort for a period of sixty (60} days after approval by the <br />Agency of the Construction Plans, to obtain mortgage financing <br />for the construction of the Improvements on a basis and on <br />terms that would generally be considered sa*_isfactory by <br />builders or eontractoss for improvements of the nature and <br />type provided in such Construction Plans, and the Redevelopment <br />shall, after having submitted such evidence and if so requested <br />by the Agency, continue to make diligent efforts to obtain <br />such financing for a period of sixty (fi0) days after such <br />request, but without stucess, <br />Chen the Agreement shall, at the option of the Redeveloper, be terminated <br />by wrlttea notice thereof to the Agency, amd, except with respect to the <br />return of the Deposit as provided in Paragraph (e), Section 3 of Part 1 <br />hereof, neither the Agency nor the Redeveloper shall have any further <br />rights against or liability tc the other under the Agreement. <br />SEC. 703. Termination br Agency Prior to Gonvevance. In the event <br />that <br />(a) prior to conveyance of the Property to the Redeveloper and <br />in violation of the Agreement <br />(i) the Redeveloper (or any successor in interest) assigns <br />or attempts to assign the Agreement or any rights <br />therein, or in the Property, or <br />(ii} there is any change in the ownership or distribution <br />of the stock of the Redeveloper or with respect to the <br />identity of the parties in control of the Redeveloper <br />or the degree thereof; or <br />(b) the Redeveloper does not submit Construction Plans, as required <br />by the Agreement, or {axcegt ag excused under subdivision (b) <br />of Section 70? hereof) evidence that iC has the necessary <br />equity capital and mortgage financing, in satisfactory form and <br />is the aanzsar and by the dates respectively provided in the <br />AYt Cra€ur; or <br />(c} the Redeveloper does not pay the Purchase Frice and take title <br />to the Property upon tender of conveyance by the Agency pursuant <br />to the Agreement, and if any defaulC or failure referred to in <br />subdivis:tons (b) and (c} of this Section 703 shall not be cured <br />within thirty (30) days after the date of written demand by the <br />Agency, <br />LS - <br />
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