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1996 AGN NOV 05 I28
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1996 November 05 Agenda Packet
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1996 AGN NOV 05 I28
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rN Development Agency (the "IVDA") pursuant to written loan <br />agreements, as amended, and that it will consider said IVDA loans <br />to be subordinate to the Loans made hereunder. <br />ARTICLE III <br />Default Provisions <br />Section 3.01. Default As to Hichiand LoanColton Than <br />or Loma Linda Loan. In the event that Highland, Colton or Loma <br />Linda fail or refuse to make the loans provided for in this Loan <br />Agreement as and when called for herein on June 30, 1997, then the <br />city or cities so failing shall be in default of this Loan <br />Agreement, providing only that the defaulting city or cities first <br />receive written notice, given in accordance with Section 4.09 <br />hereof, specifying the nature of the default. If a default is <br />established under the provisions of this Section 3.01, the <br />defaulting city or cities shall have until September 29, 1997, to <br />cure any such default by the payment of the required amounts or to <br />be immediately terminated as of such date from membership and <br />participation in the Authority and otherwise as provided in Section <br />11 of the Joint Powers Agreement, as applicable. Any such <br />defaulting city or cities shall not be liable hereunder to remit to <br />!� the Authority the full principal amount of their respective loans <br />pursuant to this Loan Agreement as of the effective date of the <br />termination of the defaulting city or cities from the membershiD <br />and Darticipation in the Authority. <br />Section 3.02. Default As to County Loan or San <br />Bernardino Loan. In the event that the County or San Bernardino <br />has advanced principal amounts totaling less than $500,000 in the <br />case of the County or $1,000,000 in the case of San Bernardino, on <br />or before June 30, 1997, then the County or San Bernardino, as <br />applicable, shall be in default of this Loan Agreement, providing <br />only that it first receive written notice, given in accordance with <br />Section 4.09 hereof, specifying the nature of the default. If a <br />default is established under the provisions of this Section 3.02, <br />the defaulting party shall have until September 29, 1997, to cure <br />any such default by the payment of the required amounts or to be <br />immediately terminated as of such date from the membership and <br />participation in the Authority and otherwise as provided in Section <br />11 of the Joint Powers Agreement, as applicable. The defaulting <br />party shall not be liable hereunder to remit to the Authority any <br />principal amounts as of the effective date of the termination of <br />the defaulting party from the membership and participation in the <br />Authority. The County or San Bernardino will not be considered in <br />default of this Loan Agreement for any refusal or failure to extend <br />�"t loan draws if it has previously extended such draws in a principal <br />
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