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5 Council requires the City to repay any or all of the Grant funds due to the default by the Borrower of its obligations under the Grant Agreement, Borrower unconditionally guarantees that it will repay whatever funds are required to be returned to the Council within ten (10) days of written notification of the Council’s requirement, and, in addition, agrees to pay any and all expenses incurred by the City in enforcing this provision. Borrower hereby expressly and irrevocably waives all defenses in any action brought by the City to enforce this provision based on claims of waiver, release, surrender, alteration or compromise. This provision shall survive expiration or termination of this Loan Agreement. Section 4.5 Data Practices Act. The Borrower shall comply with applicable provisions of the Minnesota Government Data Practices Act, Chapter 13. Section 4.6 Plan. The Borrower shall develop an affirmative fair housing marketing plan. The Borrower shall submit any necessary affirmative fair housing documentation to the City for approval prior to the disbursement of funds. Section 4.7 Access to Records. The Borrower shall furnish all information and reports required hereunder and by the rules and regulations of the City, and to permit access to the Borrower’s books, records and accounts for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Section 4.8 Affordability Requirements. The Borrower shall comply with Section 2.15 of the Grant Agreement relating to the affordability of the Project. ARTICLE V EVENTS OF DEFAULT Section 5.1 Events of Default Defined. The following shall be “Events of Default” under this Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Borrower to substantially observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement and such failure is not cured by the Borrower within ninety (90) days after it receives notification of such failure from the City. (b) The Borrower shall: (1) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or