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<br />such as delays in governmental reviews of Developer's work other than those related to <br />the quality of the work, by delays or other deficiencies in the Developers' work or that of <br />the Contractors or Consultants, or delays caused by changes in the Streetscape <br />Improvements and Street Modifications requested by City or Agency.. <br />E. Developer acknowledges the importance to City and Agency of the <br />Schedule of Performance and agrees to put forth, and to require its Contractors and <br />Consultants to put forth, reasonable commercial efforts to perform the Services in <br />accordance with the Schedule of Performance. <br />8. TERM: TERMINATION. <br />A. The term of this Agreement shall commence upon the date first herein <br />above written. <br /> <br />B. This Agreement may be terminated by the City and Agency at any time for <br />convenience after seven (7) days' written notice to the Developer. In the event of <br />termination under this section (B), Developer shall be paid its compensation for <br />Services performed to the date of termination, services of Contractors and Consultants <br />then due and all reasonable termination expenses. Termination expenses are defined <br />as those reasonable expenses arising prior, during and subsequent to termination that <br />are solely and directly attributable to the termination. <br />C. This Agreement may be terminated by City and Agency in the event <br />Developer defaults under the DDA or any of the other agreements between the parties <br />in connection with the Project. In addition, City and Agency may terminate this <br />Agreement for default if any of the following events occurs and Developer fails to <br />commence and diligently pursue a cure of the default within fourteen (14) days of <br />service of written notice by the City and/or Agency of the default: <br />i) The Developer is insolvent or has made a general assignment for <br />the benefit of creditors, or a receiver has been appointed on account of the insolvency <br />of the Developer <br />ii) A Contractor or any of its subcontractors should fail to make prompt <br />payment to subcontractors or material suppliers for material or for labor. <br />iii) Developer or a Contractor or a subcontractor persistently <br />disregards laws, ordinances, or the instructions of the City or the Agency. <br /> <br />Atty/Agr/2005.072 <br />101105 <br />840847v1233786/0001LBack <br /> <br />13 <br />