RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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6.04 Fault of Developer. Except as to events constituting a basis for termination under Section 6.02, the following events each constitute a basis for the Agency to take action against the Developer, including the exercise of its rights pursuant to Section 7.01 of this Part, as applicable and only if the following events occur prior to the issuance of a Certificate of Completion: (a) The Developer does not meet its pre -disposition conditions within the relevant times set forth in Article One of this Part; (b) The Developer refuses to accept conveyance from the Agency of the Property within the time period, and under such terms as herein called for; (c) The Developer does not attempt in good faith to procure in the manner set forth herein a building permit or other approvals for the Improvements or abandons any further attempts when there is a 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) The Developer constructs or attempts to construct the Improvements in material deviation from the latest approved Development Plans; (e) Absent an Enforced Delay, the 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 Three, the 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 Three, 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) Developer voluntarily or involuntarily undertakes a Transfer not permitted by this Agreement; (i) Developer fails to tender any amount it is required to pay pursuant to Section 3.03 of this Part or any other provision of this Agreement; or (j) Developer breaches any other material provision of this Agreement, except breach for the Operating Covenants, which are subject to the specified remedies set forth in Section 4.06 of this Part. Disposition and Development Page 20 of 32 Agreement (Lavery California Dealership Properties No. 1 LLC)