RDA Agmt 2000 Brooks_Michael etc

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6.02 No Fault of Parties. If conditions imposed by the City of San Leandro subsequent to execution of this Agreement and prior to the Close of Escrow make development of the Property in the manner contemplated by this Agreement infeasible for Developer, this Agreement may be terminated by written notice to the other Party. Thereafter, neither Party shall have any rights against or liability to the other, except as set forth in Article Six and Part Two. 6.03 Fault of Agency. Prior to the Close of Escrow and after the Close of Escrow and prior to the issuance of the certificate of completion, except as to events constituting a basis for termination under Section 6.02, the following events each constitute a basis for Developer to take action against the Agency: (a) Agency does not meet its pre- disposition conditions within the relevant times set forth in Article Two above; (b) Agency without good cause fails to convey the Property within the manner and form herein called for and the Developer is otherwise entitled by this Agreement to such action or conveyance; (c) Agency breaches any other material provisions of this Agreement Upon the happening of any of the above - described events, the Developer shall first notify the Agency in writing of its purported breach or failure, giving the Agency ten (10) days from receipt of such notice to cure such breach or failure or if the nature of the breach or failure is such that it cannot reasonably be cured in ten (10) days, then giving the Agency such longer period as reasonably may be required for such cure provided 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, then the Developer thereafter shall have the right to terminate this Agreement, and any other rights afforded it by law or in equity. 6.04 Fault of Developer. Prior to the Close of Escrow and after the Close of Escrow and prior to the issuance of the certificate of completion, the following events each constitute a basis for the Agency to exercise its rights pursuant to Section Six of this Part, as applicable: (a) Developer does not meet its pre- disposition conditions within the relevant times set forth in Article One above; (b) Developer refuses to accept conveyance from the Agency of the Property within the time periods, and under such terms as herein called for; Disposition and Development Page 11 of 23 Agreement f