Reso 1996-166 to 170 - Laserfiche WebLink

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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) a joint 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 part 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