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reasonable likelihood that such permit or other approvals would otherwise be issued by the proper authority in a timely manner and in substance satisfactory to Developer; (d) Developer constructs or attempts to construct the Improvements in material deviation from the latest approved Construction Plans; (e) Developer fails to submit any plans or evidence required by Article One of this Part by the date specified in the relevant section; (f) Absent an enforced delay as defined in Section 3.04 of Part Two, Developer fails to commence construction of the Improvements or to complete same within the time limits set forth in this Agreement; (g) Absent an enforced delay as defined in Section 3.04 of Part Two, the Developer abandons or suspends construction of the Improvements for a period of sixty (60) days after written notice by the Agency of such abandonment or suspension; (h) The Developer voluntarily or involuntarily undertakes a Transfer not permitted by this Agreement; (i) Prior to Developer's satisfaction of the conditions for issuance of the Certificate of Completion, the Developer breaches any other material provision of this Agreement. Upon the happening of any of the above-described events, the Agency shall first notify the Developer in writing of its purported breach, failure or act above-described, giving the Developer ten (10) days from receipt of such notice to cure such breach, failure, or act, or if the nature of the breach or failure is such that it cannot reasonably be cured in ten (10) days, then giving the Developer such longer period as reasonably may be required for such cure or action provided that Developer 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 Developer does not then so cure within said ten (10) days, or in the event that Developer does not commence curing a default which is not curable within said ten (10) days, the Agency thereafter shall be afforded the right to terminate this Agreement, retain the Deposit if such default occurred prior to close of escrow, and any other rights afforded it by law or equity. Thereafter, neither Party shall have any rights against nor liability to the other, except as set forth in Article Five and Part Two. Notwithstanding the foregoing, however, Agency shall not have the right to terminate this Agreement or retain the Depositor any other amounts paid by Developer hereunder if Developer's default resulted in whole or in part from Agency's acts, omissions, or the untruth or inaccuracy of any statement, agreement, or representation made by Agency in connection with this Agreement or development of the Property. 5.05 Post-Termination Matters. The following provisions shall apply in the event of termination of this Agreement pursuant to Section 5.02 ("No-Fault"), Section 5.03 ("Agency Fault"), or Section 5.04 ("Developer Fault"), as the case may be, and shall govern in the event of conflict with any other provisions of this Agreement; provided, however, that nothing in this Agreement (including without limitation Article Five) shall limit the remedies otherwise available to either Party at law or in equity following termination of this Agreement: