RDA Agmt 2000 American Baptist Homes of the West Inc etc

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5.03 Prohibition Against Transfer of Site and Assignment of Agreement Developer may transfer the Site. However, the Agency shall have the right to approve proposed transferee, unless such transfer is made to a partnership in which Developer is a General Partner or to a nonprofit affiliate of Developer. Developer shall notify Agency of any such transfer at least thirty days before such transfer is complete. If transferee is not a partnership in which Developer or its nonprofit affiliate is a General Partner, the Developer shall notify the Agency no later than ninety days prior to the date the transfer is proposed to occur. The proposed transferee shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by the Agency to fulfill the obligations undertaken in this Agreement by the Developer. Any transferee, by instrument in writing satisfactory to the Agency and in form recordable among the land records, for itself and its successors and assigns, and for the benefit of the Agency shall expressly assume all of the obligations of the Developer under this Agreement relating to the Site and agree to be subject to all the conditions, covenants and restrictions to which the Developer is subject to, including but not limited to the operating covenants of Section 8.04 of this Agreement There shall be submitted to the Agency for review all instruments and other legal documents proposed to effect any such Transfer; and if approved by the Agency its approval shall be indicated to the Developer in writing. In the absence of specific written agreement by the Agency and except as described above, no Transfer by Developer shall be deemed to relieve the Developer or any successor in interest from any obligations under this Agreement Article Six: DEFAULT 6.01 Scope of Remedies. The following shall govern the Parties' remedies for breach of the Agreement. 6.02 No Fault of Parties. The following events constitute a basis for a party to terminate this Agreement, without the fault of the other. (a) The Developer, despite good faith efforts, is unable to obtain permits or approvals from the City of San Leandro which are reasonably satisfactory for Developer to construct the Improvements and operate its business on the Property; (b) The Developer, despite good faith efforts on the part of both the Agency and Developer, is unable to obtain approval of a Final Development Plan, reasonably satisfactory to Developer, in the time provided in Section 1.04 of this Agreement; (c) The Developer, despite good faith efforts on the part of both the Agency and Developer, is unable to obtain approval of a Construction Plan, reasonably satisfactory to Developer, in the time provided in Section 1.05 of this Agreement; or ii