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sale project) cash flow analysis, and an annotated operating budget to a level of detail reasonably acceptable to the Developer and BART. (c) If applicable, a detailed project development schedule, which shall include construction phasing, sale or leasing absorption of the BART project's residential units, commercial and retail spaces. 3.4 Abandonment of Martinez Street and W. Estudillo Avenue. During the Negotiation Period, the Parties shall negotiate diligently and in good faith the terms and conditions for the proposed abandonment of Martinez Street and W. Estudillo Avenue . The Parties contemplate that a separate agreement will set forth the terms and conditions for the Martinez Street Abandonment. Upon agreement of such proposed terms and conditions, the City thereafter agrees to diligently process the Martinez Street Abandonment. The Parties hereby agree and acknowledge that, upon completion of the Martinez Street Abandonment, the Martinez Street Property shall become part of the Developer Property and the BART Station Project. 3.5 Monthly Reports. The Developer shall provide BART with written monthly progress reports on all matters pertaining to the project. The monthly progress reports shall include, but not be limited to, updates on the following areas: financing, schematic designs, organizing documents, market analysis, any alterations to the project program and design, or changes to the pro formas previously submitted to BART. 3.6 Site Access and Cooperation. (a) BART and the City shall reasonably cooperate with the Developer or the Developer's consultants in obtaining access to the property owned by BART, or the Martinez Street Property or the W. Estudillo Street Property, as applicable, for the purpose of performing any tests, surveys and inspections deemed reasonably necessary or appropriate by the Developer to assess the feasibility of the project ("Inspections"); provided, however, that the Developer or the Developer's consultants shall give twenty-one (21) days prior written notice to BART or the City, as applicable, of its intention to enter and perform Inspections (except survey work) on the property owned by BART, or the Martinez Street Property or the W. Estudillo Avenue Property, and must execute a Permit to Enter, such permit to be in substantially in the form attached hereto as Exhibit "D". The Permit to Enter requirement shall not apply for any survey work at the Property and Developer shall have a right to access the property owned by BART, or the Martinez Street Property or the W. Estudillo Avenue Property to perform survey work at any time and without notice. (b) BART shall reasonably cooperate with the Developer in providing information and assistance in the filing, processing and obtaining of regulatory approvals, which cooperation shall include assisting with the satisfaction of any conditions for such regulatory approval. 4. BART APPROVAL OF DEVELOPER SUBMISSIONS. Except as otherwise specifically set forth herein, within twenty-one (21) days after BART receives any information or documents required to be submitted by the Developer pursuant to this Agreement, BART shall inform the Developer of its acceptance or rejection of, or the need SANF1~3826071 3 ] 1718-29 7