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Agmt01 Western Innisfree Ventures LLC
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Agmt01 Western Innisfree Ventures LLC
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Last modified
10/12/2006 5:01:24 PM
Creation date
1/20/2004 9:43:23 AM
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Template:
Agreement
Contractor Name
BHV Western Innisfree Ventures (predecessor-in-interest to On Broadway Redwood City, LLC)
PROJECT NAME
Downtown Retail Cinema & Parking Project, Disposition & Development Agmt (DDA)
RMP File Number
304
Date
1/29/2001
Reso Ref
RD 00-48, RD 01-61, 14140, 14141, 14733
MO Ref
01-16, 04-17, RD 04-02
Amendment
Yes
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§808 Agency's Right to Terminate; Rights and Duties Following Termination <br /> <br /> A. Developer's Default. In addition to the Agency's right to terminate set forth in <br />Section 809, the Agency shall have the right to terminate this Agreement with respect to the <br />Project Site, or a portion thereof, by providing written notice of such termination in accordance <br />with Section 1002 of this Agreement for any of the reasons set forth below: <br /> <br /> 1. Developer transfers or assigns any rights herein or in the Project Site in <br />violation of this Agreement; or <br /> <br /> 2. There is any material change in the ownership, management or control of <br />the Developer or the degree thereof contrary to the provisions of Article 9; or <br /> <br /> 3. Developer does not submit certificates of insurance by the date required by <br />this Agreement; or <br /> <br /> 4. Subject to Article 4, and the satisfaction of all conditions to Developer's <br />obligation to do so, Developer fails or refuses to take title to or possession of the Agency or <br />Acquisition Parcels after tender of conveyance or delivery of possession by the Agency within <br />the time established therefore in the Schedule of Performance; or <br /> <br /> 5. Developer fails to timely contribute the Developer's Share of the <br />Acquisition Budget pursuant to Section 305(A) and to maintain such funding in conformance <br />with and for the period of time described in Section 305; or <br /> <br /> 6. After the Effective Date, Developer or any officer, employee or agent of <br />Developer negotiates with an owner or tenant of an Acquisition Parcel with respect to the <br />acquisition of such parcel or the relocation of an owner or tenant therefrom, without the prior <br />express written consent of the Agency; or <br /> <br /> 7. If Developer fails to provide reasonable satisfactory evidence of its <br />financing in accordance with any requirements contained herein and within the time commitment <br />provided in this Agreement and the Schedule of Performance; or <br /> <br /> 8. The Agency is unable to tender title to or possession of the Acquisition <br />Parcels in the manner and condition and by the date provided in the Schedule of Performance as <br />a result of delays caused by Developer's failure to perform its obligations hereunder within the <br />time provided in the Schedule of Performance (as the same may be extended pursuant to Section <br />1004), and such failure of Developer to perform is not the result of delays caused by the <br />Agency's failure to perform its obligations hereunder within the time provided in the Schedule of <br />Performance (as the same may be extended pursuant to Section 1004); or <br /> <br /> 9. The Developer is in Default under this Agreement, or an event has occurred <br />or a condition exists which, with the giving of notice or the passage of time, or both, would <br />become a Default by the Developer hereunder; or <br /> <br /> 37 <br />DOCSSF1:648942.4 <br />9975-5 C14 <br /> 120502 <br /> <br /> <br />
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