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C <br />40 <br />0 <br />ARTICLE XIII <br />EVENTS OF DEFAULT AND REMEDIES <br />13.1. Default by The Poda , The following events shall be considered Events of Default <br />by the Dodgers: <br />(a) A material failure to keep, observe, perform, meet or comply with any covenant, <br />agreement, term or provision of this Agreement, or of any of the Project Documents, which are to <br />be kept, observed, met, performed or complied with by Dodgers, subject to Section 13.2. <br />(b) if the Dodgers shall (i) be unable to pay its debts as they come due; (ii) make a general <br />assignment for the benefit of creditors; (iii) suffer a decree or order appointing a receiver or trustee <br />l for it or substantially all of its property to be entered and, if entered without its consent, not to be <br />stayed or discharged within 180 calendar days; (iv) suffer proceedings under any law relating to <br />' bankruptcy, insolvency, or the reorganization of relief of debtors to be instituted by or against it and, <br />if contested by it, not to be dismissed or stayed within 180 calendar days; or (v) suffer any judgment, <br />writ of attachment or execution, or any similar process to be issued or levied against a substantial part <br />1 <br />of its property which is not released, stayed, bonded, or vacated within 180 calendar days after issue <br />f or levy. <br />r 13,2 Cogn y1&RCMtdiu. Upon an Event of Default by the Dodgers, the County, without <br />prejudice to its other rights and remedies hereunder, shall be entitled to terminate this Agreement for <br />cause and the procedure outlined in the performance bond for completion of the construction work <br />+ shall be followed; provided, however, that no default by the Dodgers shall constitute an Event of <br />Default unless and until: <br />(a) The County has given at least thirty (30) days' prior written notice thereof to the <br />Dodgers specifying that a default(s) has occurred that will, unless corrected, constitute a material <br />breach and cause Termination hereof-, and. <br />(b) The Dodgers either (i) have not corrected such default or have not initiated reasonable <br />steps to do so within said thirty (30) day period, or (ii) if such reasonable steps have been initiated <br />within such period, do not thereafter continue to take reasonable steps to correct such default within <br />a reasonable time period. <br />(c) All contracts held by the Dodgers, contemplated by this Agreement, shall be assignable <br />to the County at the County's option. Upon Termination or expiration of this Agreement, the County <br />may use all funds remaining in the Construction Fund or Capital Reserve Account for completion. <br />L <br />L <br />L <br />L <br />L <br />27 <br />