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(c) Conditions imposed subsequent to execution of this Agreement by the City's discretionary approvals makes development of Property in the manner contemplated by this Agreement infeasible for Developer; (d) Developer, despite good faith efforts on the part of both the Agency and Developer, is unable to obtain approval of the Financing Plan. Upon the happening of any of the above-described events prior to substantia- completion of construction, at the election of Developer, this Agreement may be terminated by written notice to Agency. Thereafter, neither Party shall have any rights against nor liability to the other, except as set forth in Article Five and Part Two. 5.03 Fault of Agency. Except as to events constituting a basis for termination under Section 5.02, the following events each constitute a basis for Developer to take action against the Agency: (a) Agency without good cause fails to convey Property within the manner and form herein called for and the Developer is otherwise entitled by this Agreement to such action or conveyance; (b) Agency breaches any other material provisions of this Agreement. Upon the happening of any of the above-described events, the Developer shall first notify the Agency in writing of its purported breach or failure, giving the Agency ten (10) days from receipt of such notice to cure such breach or failure or if the nature of the breach or failure is such that it cannot reasonably be cured in ten (10) days, then giving the Agency such longer period as reasonably may be required for such cure provided that Agency commences action to cure the breach or default within said ten (10) day period and thereafter diligently pursues the cure to completion. In the event Agency does not then so cure or commence to cure within said ten (10) days, then the Developer thereafter shall have the right to terminate this Agreement, and any other rights afforded it by law or in equity. Thereafter, neither Party shall have any rights against nor liability to the other, except as set forth in Article Five and Part Two. 5.04 Fault of Developer , Except as to events constituting a basis for termination under Section 5.02, the following events each constitute a basis for the Agency to exercise its rights pursuant to Section Five of this Part, as applicable: (a) Developer does not meet its pre-disposition conditions within the relevant times set forth in Article One above; (b) Developer refuses to accept conveyance from the Agency of the Property within the time periods, and under such terms as herein called for; (c) Developer does not attempt in good faith to procure in a timely manner a building permit or other approvals for the Improvements or abandons any further attempts when there is a