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(i) Developer fails to tender any amount it is required to pay <br /> pursuant to Section 3.03 of this Part; or <br /> (j) Prior to Developer's satisfaction of the conditions for issuance of <br /> • the Certificate of Completion, the Developer breaches any other material provision of <br /> this Agreement. <br /> Upon the happening of any of the above - described events, the Agency shall <br /> first notify the Developer in writing of its purported breach, failure or act above - <br /> described, giving the Developer ten (10) days from receipt of such notice to cure such <br /> breach, failure, or act or if the nature of the breach or failure is such that it cannot <br /> reasonably be cured,in ten (10) days, then giving the Developer such longer period as <br /> reasonably may be required for such cure or action provided that Developer <br /> commences action to cure the breach or default within said ten (10) day period and <br /> thereafter diligently pursues the cure to completion. In the event Developer does not <br /> then so cure within said ten (10) days, or in the event that Developer does not <br /> commence curing a default which is not curable within said ten (10) days, the Agency <br /> thereafter shall be afforded the right to terminate this Agreement and any other • <br /> rights afforded it by law or in equity. <br /> Article Eight: SPECIFIC REQUIREMENTS REGARDING REMEDIES <br /> 8.01 Might of Reverter. <br /> In the event that following close of escrow, this Agreement is terminated <br /> pursuant to Section 7.04 of this Part and such termination occurs prior to <br /> Developer's satisfaction of the requirements for issuance of the Certificate of • <br /> • Completion, then the Agency shall have the right, at its election, to reenter and take <br /> possession of the Property and all improvements thereon and to revest in the Agency <br /> the estates of Developer therein. <br /> Upon revesting in the Agency of title, the Agency shall promptly use its best <br /> efforts to resell the Property consistent with its obligations under state law. Upon . <br /> sale the proceeds shall be applied as follows: <br /> (a) First, to reimburse the Agency or San Leandro for any costs it <br /> incurs in managing or selling the Property including but not limited to amounts to . <br /> • <br /> . Disposition and Development Page 24 of 39 <br /> Agreement (Automall) <br /> 10/2/96 <br /> • <br />