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3. There is a material change in the land use regulations of the City prior to the <br />issuance of a Certificate of Completion, adversely affecting the Project; or <br /> <br /> 4 By the date set forth on the Schedule of Performance, the Agency does not <br />adopt a Resolution of Necessity (pursuant to Article 2 [commencing with Section 1245.210] of <br />Chapter 4 of Title 7 of the California Code of Civil Procedure) to acquire any of the Acquisition <br />Parcels; or <br /> <br /> 5. Revisions or corrections are made to Project plans which are materially <br />inconsistent with the Project Guidelines and related documents and approved plans, as provided <br />in Section 503; or <br /> <br /> 6. The Agency and/or the City is in Default under this Agreement, or an event <br />has occurred or a condition exists which, with the giving of notice or the passage of time, or <br />both, would become a Default by the Agency and/or the City hereunder; or <br /> <br /> 7. The City has failed to execute and deliver a counterpart of the Parking <br />Facilities Agreement as provided in Section 518, and/or the Maintenance Agreement as provided <br />in Section 519. <br /> <br /> B. Remedies. <br /> <br /> Where Developer has terminated this Agreement pursuant to Section 807(A) immediately <br />above, the following provisions shall apply: <br /> <br /> 1. The Agency shall not draw further funds from Developer's Share of the <br />Acquisition Budget and the Agency shall return to Developer that portion of the Developer's <br />Share of the Acquisition Budget that has been drawn down or otherwise paid to Agency, plus <br />any interest or carrying costs that Developer was required to pay on such funds from the date <br />such funds were drawn down by the Agency. <br /> <br /> 2. Developer shall not be responsible for the payment of any sums needed by <br />the Agency to pay Abandonment Costs. <br /> <br /> 3. Developer shall have all rights and remedies available at law or in equity, <br />including, without limitation, and where that remedy lies, specific performance, which remedies <br />shall be cumulative. <br /> <br /> C. Cure of Defaults, Failure to Adopt Resolution of Necessity. <br /> <br /> Notwithstanding Section 807(B), if an event occurs pursuant to Section 807(A), then the <br />Agency and/or the City shall have forty-five (45) days after receipt of notice with respect to such <br />event, with due diligence, to commence to cure, correct or remedy such Default or failure to <br />adopt a Resolution of Necessity, as applicable, and thereafter pursue such cure, correction or <br />remedy to completion. If Agency and/or the City commences to cure within such period and <br />completes such cure with diligence as aforesaid, then Developer shall not terminate this <br />Agreement or institute proceedings against the Agency and/or the City for such Default. <br /> <br /> 36 <br /> DOCSSF1:648942.4 <br /> 9975-5 C14 <br /> 120502 <br /> <br /> <br />