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�oioo�s�7 <br />(viii) The Owner fails ta comply with the Construction/Draw Schedule set fnrth <br />in Exhibit F and the Authority has determined that the Project cannot be <br />carnpleted by the Placed In-Service Date; <br />(ix) A breach by thc Owner of any or its representations, warranties a�nd <br />covenants contained in this Agreement that has a material adverse impact on the <br />Project; <br />(x) The Owner fails to timely execute a.n amendm�nt to this Agreement in <br />such fannn as the Authority requires because af changes to the Prograrn <br />Requirernents; <br />(xi) Repeated or prolonged failure to pravrde r�ports required by Articles VJII <br />and IX; ox <br />(xii) Na Tax Credit Investor makes an equity investment in the Ovvner i�� <br />exchange far the Tax Credits ar portion thexea�: <br />Sectiqn 10.2. Remedies on Default <br />(a) The Authority shall have the right to exercise any af the foliowi�a� remedies upon. <br />an Event af Default: <br />(i) Ternporarily suspend makrng disbursements of the Subaward under this <br />Agreement pending correction of the de�ciency or default by the Owner; <br />(ii) Cease making any furthex disbursements of the Subaward under this <br />Agreernent; <br />(iii) Terminate this Agreement; <br />(iv) If the Event of Default is a Recapture Event, require the imrnediate <br />payment af the Recapture Amount; <br />(v) Declare the Owner and/ar the managing member af the Ovem�r (or the <br />af�liates of the managing member af the Owner) not to be in goad standing for <br />purpase of the Authority's pragrams; or <br />(vi) Exercise any otlaer rights and remedies that may be available under law ar <br />in equity. <br />(b) The Authority shall defer the enforcernent of remedies upon the occurrence of an <br />Event of Default for such period as it determines appropriate, if it determines that the Tax Credit <br />Investor or the Lender is taking apprapriate rn�asures to correct the circumstances giving rise to <br />the Event of Default. <br />(c) Each right and remedy provided in this Agreement is distinct frorn all ather rights <br />or remedies under this Agreement, or the LURA, the Recapture Deed af Trust or atherwise <br />_ 7g_ <br />4846-6923-13b7.3 <br />