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(a) Developer, despite good faith efforts, is unable to obtain permits <br />or approvals from the City of San Leandro which are satisfactory for Developer to <br />construct the Improvements and operate its business on the Property; <br />(b) Developer, despite good faith efforts on the part of both the <br />Agency and Developer, is unable to obtain approval of a Final Development Plan, in <br />the time provided in Section 1.03 of this Part; <br />(c) Developer, despite good faith efforts on the part of both the <br />Agency and Developer, is unable to obtain approval of a Construction Plan, in the <br />time provided in Section 1.04 of this Part; or <br />(d) Conditions imposed subsequent to execution of this Agreement <br />by the City's discretionary approvals makes development of the Property in the <br />manner contemplated by this Agreement infeasible for Developer. <br />Upon the, happening of any of the above-described events, and at the election <br />of either Party, this Agreement may be terminated by written notice to the other <br />Party. Thereafter, neither Party shall have any rights against or liability to the other, <br />except as set forth in Article Six and Part Two. <br />6.03 Fault of Agency. <br />Except as to events constituting a basis for termination under Section 6.02, the <br />following events each constitute a basis for Developer to take action against the <br />Agency: <br />(a) Agency does not meet its pre -disposition conditions within the <br />relevant times set forth in Article Two above; <br />(b) Agency without good cause fails to convey the Property within <br />the manner and form herein called for and the Developer is otherwise entitled by this <br />Agreement to such action or conveyance; <br />(c) Agency breaches any other material provisions of this Agreement. <br />Upon the happening of any of the above-described events, the Developer shall <br />first notify the Agency in writing of its purported breach or failure, giving the Agency <br />ten (10) days from receipt of such notice to cure such breach or failure or if the <br />Disposition and Development Page 15 of 30 <br />Agreement - Vanuatu Properties Draft December 4, 1997 <br />