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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 Right 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 />Disposition and Development Page 24 of 39 <br />Agreement (Automall) <br />10/2/96 <br />