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In the absence of specific written agreement by the Agency, no Transfer by <br />Developer shall be deemed to relieve the Developer or any successor in interest from <br />any obligations under this Agreement. <br />5.04 Exception to Prohibition Against Transfer. <br />Developer may at any time, without limitation, and without the necessity of <br />approval from the Agency, make a Transfer of the Property or any part thereof or any <br />interest therein or any improvements thereon or of this Agreement, to: (i) a <br />subsidiary, affiliate, parent or other entity which controls, is controlled by, or is under <br />common control with Developer; (ii) a successor corporation related to Developer by <br />merger, consolidation, non -bankruptcy reorganization, or government action; or (iii) <br />a joint venture in which Developer or any successor to Developer under the preceding <br />clauses (i) and (ii) is a venturer or partner, provided that David Irmer continues to be <br />President and maintain at least a 25% interest in Creekside Center Associates, Inc. <br />Article Six: DEFAULT <br />6.01 Scope of Remedies. <br />During the development of the Improvements, and prior to the issuance of a <br />Certificate of Completion for such Improvements hereof, the following shall govern <br />the Parties' remedies for breach of the Agreement. <br />6.02 No Fault of Parties. <br />The following events constitute a basis for a Party, otherwise allowed by this <br />Agreement, to terminate this Agreement, without the fault of the other: <br />(a) The Developer, despite good faith efforts, is unable to obtain <br />permits or approvals from the City of San Leandro which are reasonably satisfactory <br />for Developer to construct the Improvements and operate its business on the <br />Property; <br />(b) The 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, <br />reasonably satisfactory to Developer, in the time provided in Section 1.03 of this <br />Agreement; <br />Disposition and Development Page 26 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />