RDA Agmt 2000 American Baptist Homes of the West Inc etc

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(b) The Developer refuses to accept conveyance from the Agency of the Property within the time periods, and under such terms as herein called for; (c) The 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 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 in accordance with Section 4.02 above; (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 Agreement by the date specified in the relevant section; (f) Absent an Enforced Delay as defined in Section 10.04 of this Agreement, 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 10.04 of this Agreement, 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 of the Site not permitted by this Agreement; (i) Developer fails to tender any amount it is required to pay pursuant to Section 3.02 of this Part; or (j) 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 three (3) working days from receipt of such notice to respond, and fifteen (15) working days to prepare an action plan to cure such breach, failure, or act The Developer shall cure such breach, failure, or act within thirty (30) working days from the date of the action plan. If the nature of the breach or failure is such that it cannot reasonably be cured in thirty (30) days, then the Agency shall give the Developer such longer period as reasonably may be required for such cure or action provided that Developer commences action to cure the breach within fifteen (15) working days from the date of the action plan and thereafter diligently pursues the cure to completion. In the event Developer does not submit an action plan within three (3) days, does not then so cure within thirty (30) days of the action plan, or in the event that Developer does not commence curing a default which is not curable within said thirty (30) days after the date of the action plan, the Agency thereafter shall be afforded the right to terminate this Agreement and any other rights afforded it by law or in equity. 13