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JAH:djm 03/06/90R (REDEV) JAH:djm 03/19/90R JAH:djm 04/04/90R B. The City does not abandon the easements or portions of easements which lie within the Project Site, as contemplated by Section 803 of this Agreement, for a reason not based on its good faith evaluation of the testimony at the Abandonment Hearing; or C. There is a material change in the land use regulations of the City prior to the issuance of the Certificate of Completion, adversely affecting the Project as described in Section 313 of this Agreement; or D. The Agency will not or, because of the Agency's negligence, cannot cause the policies of title insurance and commitments therefor to be issued in accordance with Section 320; or E. The total Acquisition Costs exceed the sum of FOUR MILLION THREE HUNDRED THOUSAND DOLLARS ($4,300,000.00); or F. The total cost of toxic waste cleanup of the Project Site exceeds the sum of the lowest responsible bid received by the Developer for such work within 30 days after execution of this Agreement plus FIVE HUNDRED THOUSAND DOLLARS ($500,000); or G. Caltrans elects not to transfer Parcel D to SamTrans or the Developer, as contemplated in Section 204; or H. The Developer and SamTrans fail to consummate an agreement as contemplated in Section 601; then this Agreement may, at the option of the Developer, be terminated by written notice thereof to the Agency. Where the failure of performance as described in subsection A, B, C or D of this section has occurred, the Agency will be in Default and the rights and duties of the Agency and the Developer shall be as set forth in subsection B of Section 1009, except as set forth in the following paragraph. Where any of the contingencies set forth in subsections E, F, G or H of this Section 1007 has occurred, or where the failure of performance described in either of subsections A or B of this Section 1007 has occurred as a result of the Agency's or City Council's good faith evaluation of the testimony received at the required public hearing, or where the failure of performance described in subsection D of this Section 1007 has occurred as a result of circumstances reasonably beyond the Agency's control, the Agency shall not be deemed in Default but the Developer shall have the power to terminate this Agreement, in which case the rights of the parties shall be as set forth in subsection C of Section 1009. §1008 Agency's Right to Terminate Prior to Conveyance In the event that prior to conveyance of title to the Acquisition Parcels to the Developer: 37