RDA Agmt 2001 Batarse Family Trust UTA

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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, the Developer thereafter shall be afforded the right to terminate this Agreement and any other rights afforded it by law or in equity. In the event of termination of this Section 6.03 prior to the close of escrow for each Property, Agency shall be responsible for Agency's costs incurred pursuant to this Agreement, including but not limited to its attorney's fees, costs incurred in connection with the Condemnation Litigation, including its attorney's fees, and costs incurred. in connection with abandonment of the Condemnation Litigation, including attorney's fees. 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: (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 Properties within the time periods, and under such terms as herein called for; (c) The Developerdoes not attempt in good faith to procure in a timely mannera 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 Construction Plans; (e) 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 Two, 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 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) Developer voluntarily or involuntarily undertakes a Transfer not permitted by this Agreement; Disposition and Development Agreement (Automall) Page 18 of 29