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(c) The Developer, despite good faith efforts on the part of both the <br />Agency and Developer, is unable to obtain approval of a Construction Plan, <br />reasonably satisfactory to Developer, in the time provided in Section 1.04 of this <br />Agreement; or <br />(d) The Developer, despite good faith efforts on the part of both the <br />Agency and Developer, is unable to obtain approval of a Tenant/Leasing Plan, <br />reasonably satisfactory to Developer in the time provided in Section 1.05 of this Part. <br />(e) 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 or substantially more expensive <br />for Developer. <br />(f) If the Property materially changes prior to close of escrow. <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 this Agreement. <br />6.03 Fault of Ag_encv. <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 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; or <br />(b) The Agency breaches any other material provisions of this <br />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, failure or act above - <br />described, giving the Agency three (3) working days from receipt of such notice to <br />Disposition and Development Page 27 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />