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e) Prepayment Without Penalty: Recipient may pay all or any portion of <br />principal and interest due before the Maturity Date without penalty. <br />f) Subordination of Liens: All existing and any future liens and encumbrances, <br />including mechanic's and materialmen's liens shall be subordinated to the deed of trust <br />lien against the property in favor of the City as provided under this Agreement. In <br />accordance with this paragraph, recipient shall require all contractors performing work on <br />the New School and Infrastructure Improvements to consent in writing not assert any <br />liens, claims or other rights against the Property, or if asserting same, that such liens, <br />claims or other rights shall be subordinate to the rights of the City under this Agreement <br />and said deed of trust. <br />g) Insurance: Recipient and its contractors performing work on the <br />Infrastructure Improvements shall be required to maintain the types of insurance in such <br />amounts and under such terms required by applicable City ordinances for work within the <br />City's right-of way together with the requirements set forth in Exhibit "C", attached <br />hereto and made a part hereof. <br />PART 5. DEFAULT <br />Section 5.01. Grounds for Default. The City Manager may declare a default under this <br />Agreement and, subject to Section 5.02, may terminate this Agreement if Recipient: <br />a) fails to complete the construction of the New School including the <br />Infrastructure Improvements by the date for the Completion of the New School; <br />b) refuses, fails or neglects to comply with any of the terms of this <br />Agreement, <br />c) made or makes any representation in relied upon by the City in entering <br />6