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<br /> f\ .Ç> F1 p I:~ rz ~ <br /> (' . '" . ".., <br /> 5 <br /> 5. <br /> DEFAULT <br /> A. During the Abatement Period covered by this Agreement and <br />for one hundred eighty (180) days thereafter, the City Council may <br />declare a default hereunder by HEB if HEB: <br /> 1. Fails to complete construction of the Improvements <br /> by the deadline set out in Section 2 above; <br /> 2. Refuses, fails or neglects to comply with any of <br /> the terms of this Agreement, including the <br /> provision for the creation of jobs by the deadline <br /> set out; or, <br /> 3. Makes any representation in this Agreement or in <br /> its application to the City for Tax Abatement that <br /> is false or misleading in any material respect. <br />Should the City Council determine HEB to be in default of this <br />Agreement under this subsection, the City Manager shall notify HEB <br />in writing prior to 180 days after the end of the Abatement Period, <br />and if such default is not cured within 60 days from the date of <br />such notice (the "Cure Period"), then the City may terminate this <br />Agreement; provided, however, that in the case of a default, other <br />than the creation of jobs, for causes beyond HEB's reasonable <br />control which HEB cannot with due diligence cure within the 60 day <br />period, the Cure Period shall be extended if HEB within five days <br />of receipt of such notice, advises the City of HEB's intention to <br />institute all steps necessary to cure such default and institutes <br />and thereafter prosecutes to completion with reasonable dispatch <br />all steps necessary to cure the default. <br /> B. In the event that HEB allows its ad valorem taxes to the <br />City which may be owed on the Property, the Improvements or the <br />