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In the absence of specific written agreement by the Agency, no Transfer by Participant shall be <br /> deemed to relieve the Participant or any successor in interest from any obligations under this Agreement. <br /> 6.04 Transferee Subject to All Conditions of Agreement. <br /> After filing the Certificate of Completion for the Improvements, no approval under this Agreement is <br /> needed for a Transfer of the Site or portion thereof. However, any transferee shall be subject to all the <br /> conditions, covenants and restrictions of this Agreement. <br /> 6.05 Exception to Prohibition Against Transfer. <br /> Participant may at any time,without limitation,and without the necessity of approval from the Agency, <br /> make a Transfer of the Site property or any part thereof or any interest therein or any improvements thereon <br /> or of this Agreement, to: (i) a subsidiary, affiliate, parent or other entity which controls, is controlled by,or is <br /> under common control with Participant; (ii) a successor corporation related to Participant by merger, <br /> consolidation,non-bankruptcy reorganization,or government action;or(iii)a joint venture in which Participant <br /> or any successor to Participant under the preceding clauses (i)or(ii) is a venturer or partner. <br /> Article Seven: DEFAULT AND REMEDIES <br /> 7.01 Scope of Remedies. <br /> Article Seven of this Agreement shall govern the Parties' remedies for breach of this Agreement. <br /> 7.02 Default Prior To Issuance of Certificate of Completion. <br /> 7.02.1 Participant's Default. <br /> A party to this Agreement may be held to be in default or in breach of this Agreement only for an act <br /> or circumstance over which said party has substantial control.With this definition,the following shall constitute <br /> a material breach of this Agreement by the Participant: <br /> (a) Participant does not attempt in good faith to procure in a timely manner a building <br /> permit or other approvals for the Improvements or abandons any further attempts when there is a reasonable <br /> likelihood that such permit or other approvals would otherwise be issued by the proper authority'n a timely <br /> manner; <br /> (b) Participant constructs or attempts to construct the Improvements in materiel deviation <br /> from the latest approved Construction Plans; <br /> (c) Participant fails to submit any plans or evidence required by this Agreement by the <br /> date specified in the relevant section; <br /> Owner Participation Agreement Page 10 of 18 <br />