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6. Notwithstanding anything expressed or implied to the contrary in this <br />Article 8 or elsewhere in this Agreement, in the event that the Agency elects under the terms of <br />this Agreement, for any reason whatever, to terminate this Agreement, other than as a result of a <br />default by Developer as provided in Section 808, then, if Developer has funded any portion of <br />the Acquisition Budget or otherwise funded any costs of acquiring any Acquisition Parcels, the <br />City shall: (a) promptly refund to Developer the full amount of any such acquisition costs (which <br />costs for purposes of this section 809(B)(6) shall include those amounts, to the extent applicable, <br />set forth in items (i) through (v) of Section 809(B)(4) and if Developer has taken title to any <br />Acquisition Parcels, such Acquisition Parcels shall be reconveyed to the City or Agency pursuant <br />to the provisions of Section 809(B)(4) and (b) promptly pay to Developer the full amount of any <br />hard and soft costs or expenses advanced or incurred by Developer (and not theretofore paid or <br />reimbursed to Developer by the City or the Agency) for the development, planning, design, <br />engineering and construction of the Public Parking Facility <br /> <br /> §810 Re-ent~ and Revesting of Title in the Agency After Conveyance <br /> <br /> The Agency has the right, at its option, to repurchase, re-enter and take possession of the <br />Agency and Acquisition Parcels, or such portion thereof, with all improvements thereon, and <br />terminate and revest in the Agency the estate conveyed to Developer if after conveyance of title <br />and prior to the issuance of the applicable Certificates of Completion, except for causes beyond <br />the control of Developer, Developer shall: <br /> <br /> A. Fail to start the construction of the Project in accordance with the Schedule of <br />Performance for a period of sixty (60) days after written notice thereof from the Agency, which <br />notice must follow the date for commencement of construction as set forth in the Schedule of <br />Performance; or <br /> <br /> B. Abandon or substantially suspend construction of the Project required by this <br />Agreement for a period of sixty (60) days and not resume within a period of ninety (90) days <br />after written notice thereof from the Agency; or <br /> <br /> C. Transfer or suffer any involuntary transfer of the Acquisition Parcels or any part <br />thereof in violation of this Agreement. <br /> <br /> Such right to re-enter, terminate and revest shall be subject to and be limited by <br />and shall not defeat, render invalid or limit: <br /> <br /> 1. Any mortgage or deed of trust permitted by this Agreement; or <br /> <br /> 2. Any rights or interests provided in this Agreement for the protection of the <br />holders of such mortgages or deeds of trust. <br /> <br /> The Grant Deed or Grant Deeds shall contain appropriate reference and <br />provisions to give effect to the Agency's right as set forth in this section, under circumstances <br />prior to issuance of the Certificate of Completion, to m-enter and take possession of the Agency <br />and Acquisition Parcels or portion thereof, with all improvements thereon, and to terminate and <br />revest in the Agency the estate therein conveyed to Developer. Upon issuance and recordation of <br />the Certificates of Completion, the above-referenced deed restriction shall be deemed removed. <br /> <br /> 41 <br />DOCSSF1:648942.4 <br />9975'5 C14 <br /> 120502 <br /> <br /> <br />