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05-19-98 13:46 From-KENNEDY i GRAVEN +6123379310 T-806 P.13/31 F-170 <br /> agreement, or covenant under this Agreement. <br /> (e) Enforce the specific performance of this Agreement, which action <br /> must be commenced within one (1) year of the date of failure of a parry to <br /> consummate the transactions contemplated herein. <br /> 17.3. Revesting Title in Authority upon Happening of Event Subsequent to <br /> Conveyance to Developer. in the event that, subsequent to conveyance of the Property to <br /> the Developer and prior to the issuance of the Certificate of Completion: <br /> (a) subject to Unavoidable Delays, the Developer fails to carry out its <br /> obligations with respect to the construction of the Minimum improvements <br /> (including the nature and the date for the completion thereof), or abandons or <br /> substantially suspends construction work, and any such failure, abandonment, or <br /> suspension shall not be cured, ended, or remedied within thirty (30) days after <br /> written demand from the Authority to the Developer to do so; or <br /> (b) subject to Unavoidable Delays the Developer fails to cure any <br /> default under this Agreement within 30 days after receipt of notice of Event of <br /> Default. <br /> Then the Authority shall have the right to re-enter and take possession of the <br /> Property and to terminate and revest in the Authority the estate conveyed pursuant to <br /> the Deed to the Developer, it being the intent of this provision, together with other <br /> provisions of the Agreement, that the conveyance of the Property to the Developer <br /> shall be made upon, and that any instrument conveying title from the Authority to <br /> the Developer of the Property shall contain a condiuon subsequent to the effect that <br /> in the event of any default on the part of the Developer and failure on the part of the <br /> Developer to remedy, end, or abrogate such default within the period and in the <br /> manner stated in such subdivisions, the Authority at its option may declare a <br /> termination in favor of the Authority of the title, and of all the rights and interests in <br /> and to the Property conveyed to the Developer, and that such title and all rights and <br /> interests of the Developer, and any assigns or successors in interest to and in the <br /> Property, shall revert to the Authority. <br /> 17.4. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting <br /> in the Authority of title to and/or possession of the Property as provided in Section 17.3, the <br /> Authority shall, pursuant to its responsibilities under law, use its best efforts to sell the <br /> Property or part thereof as soon and in such manner as the Authority shall find feasible and <br /> consistent with the objectives of such law and of the Authority to a qualified and <br /> responsible party or parties(as determined by the Authority)who will assume the obligation <br /> of making or completing the Minimum Improvements or such other improvements in their <br /> stead as shall be satisfactory to the Authority and in accordance with the uses specified for <br /> the Property. Upon such resale of the Property,the proceeds thereof shall be applied: <br /> (a) First, to reimburse the Authority for ail costs and expenses incurred <br /> by the Authority, including but not limited to salaries of personnel, in connection <br /> DJG-162543 11 <br /> MU205-2 <br />