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<br /> <br /> <br />The Consultant shall receive compensation for administering the MHFA Programs directly from the <br />Minnesota Housing Finance Agency and not from the City. <br /> <br /> 4. Termination. Notwithstanding any other provision hereof to the contrary, this <br />Agreement may be terminated as follows: <br /> <br />a. The parties, by mutual written agreement, may terminate this Agreement at any time <br />in which case the parties shall agree to the amount of fees payable to Consultant. <br /> <br />b. The City may terminate this Agreement upon the breach by Consultant of any of its <br />material covenants contained herein, where such breach shall have continued for a <br />period of thirty (30) days following the receipt by Consultant of a written notice from <br />the City, specifying the alleged breach; provided, however, if the nature of a non- <br />monetary breach is such that Consultant cannot reasonably cure same in the thirty <br />(30) day period, Consultant shall not be deemed to be in breach if it commences to <br />cure within the thirty (30) day period, and diligently pursues same to completion <br />within ninety (90) days following receipt by Consultant of such written notice. In the <br />event of termination by the City hereunder, Consultant shall be entitled to fees due to <br />the date the notice of breach is sent by the City. <br /> <br />c. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy <br />(ii) files a voluntary petition for reorganization under any bankruptcy law, statute or <br />regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt, <br />(iv) makes an assignment for the benefit of creditors or applies for or consents to the <br />appointment of a receiver or trustee as part of or in conjunction with a “creditor plan” <br />with respect to any substantial part of its assets, or (v) a receiver or trustee is <br />appointed, or an attachment or execution levied with respect to any substantial part of <br />its assets, and said appointment is not vacated, or the attachment or execution not <br />released, within sixty (60) days, then this Agreement shall, effective as of such date, <br />without notice or further action by either party, immediately terminate. <br /> <br />d. Consultant may terminate this Agreement upon the breach by City of any of its <br />material covenants contained herein, where such breach shall have continued for a <br />period of thirty (30) days following the receipt by City of a written notice from <br />Consultant, specifying the alleged breach; provided, however, if the nature of a non- <br />monetary breach is such that City cannot reasonably cure same in the thirty (30) day <br />period, City shall not be deemed to be in breach if it commences to cure within the <br />thirty (30) day period, and diligently pursues same to completion within ninety (90) <br />days following receipt by City of such written notice. In the event of termination by <br />Consultant hereunder. Consultant shall be entitled to retain the entire fee under this <br />Agreement.