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respond, and fifteen (15) working days prepare an action plan to cure such breach, <br />failure, or act. The Agency shall cure such breach, failure, or act within thirty (30) <br />working days from the date of the action plan. If the nature of the breach or failure is <br />such that it cannot reasonably be cured in thirty (30) days, then the Developer shall <br />give the Agency such longer period as reasonably may be required for such cure or <br />action provided that the Agency commences action to cure the breach within fifteen <br />(15) working days from the date of the action plan and thereafter diligently pursues <br />the cure to completion. In the event the Agency does not submit an action plan <br />within three (3) days, does not then so cure within thirty (30) days of the action <br />plan, or in the event that the Agency does not commence curing a default which is <br />not curable within said thirty (30) days after the date of the action plan, the <br />Developer thereafter shall be afforded the right to terminate this Agreement and any <br />other rights afforded it by law or in equity. <br />6.04 Fault of Developer. <br />Except as to events constituting a basis for termination under Section 6.02, the <br />following events each constitute a basis for the Agency to exercise its rights pursuant <br />to Section 7.01 of this Agreement, as applicable: <br />(a) The Developer does not meet its pre -disposition conditions <br />within the relevant times set forth in Article One above; <br />(b) The Developer refuses to accept conveyance from the Agency of <br />the Property within the time periods, and under such terms as herein called for; <br />(c) The Developer does not attempt in good faith to procure in a <br />timely manner a building permit or other approvals for the Improvements or <br />abandons any further attempts when there is a reasonable likelihood that such permit <br />or other approvals would otherwise be issued by the proper authority in a timely <br />manner and in substance satisfactory to Developer in accordance with Section 4.08 <br />above; <br />(d) The Developer constructs or attempts to construct the <br />Improvements in material deviation from the latest approved Construction Plans; <br />(e) The Developer fails to submit any plans or evidence required by <br />Article One of this Agreement by the date specified in the relevant section; <br />Disposition and Development Page 28 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />