RDA Agmt 1996 Batarse Family Trust etc

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6.06 Exception to Prohibition Against Transfer. Developer may at any time, without limitation, and without the necessity of approval from the Agency, make a Transfer of the Property or any part thereof or any interest therein or any improvements thereon or of this Agreement, to: (i) a • subsidiary, affiliate, parent or other entity which controls, is controlled by, or is under common control with Developer; (ii) a successor corporation related to Developer by merger, consolidation, non - bankruptcy reorganization, or government action; or (iii) ajoint venture in which Developer or any successor to Developer under the preceding clauses (i) and (ii) is a venturer or partner. Article Seven: DEFAULT 7.01 Scope of Remedies. During the development of the Improvements, and prior to the issuance of a Certificate of Completion for such Improvements hereof, the following shall govern the Parties' remedies for breach of the Agreement. 7.02 No Fault of Parties. • The following events constitute a basis for a Party, otherwise allowed by this Agreement, 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 1.03 of this Part; (c) The Developer, despite good faith efforts on the pan 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 1.04 of this Part; or • • • Disposition and Development Page 21 of 39 Agreement (Automall) 10/2/96 •