80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL

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?mple?nentatlon Agt'ee?ne??ts hereto, shall be construed to provide that a Default relating to one Phase shat co??stitt?te a Defatrlt under' any other' Phase, i.e., there shall lie ??o cross defaults bet??eerl Phases or" each Phase's Develope?• entity Accordingly, any rights and r'ernedies sought under this Ag?'eez?ent follo??it? a Default shall lie limited to the Phase in ?vhich such Default occurred. 50, ?g?tts ??` ?'errriiYlatroli, 543.1 Te??mi?ratioaa by Agezz??. ?n the event that t1?e Ager?cy rs riot rn Default r?ndet" t1?is Agreernerlt, at?d ?a} the Developer' does not fulfil! one or r??ore of t1?e Agency's auditions Precedent ??itlr respect to a Phase ??hich is eapak?le of be?xag satisfied by the Developer ors ar before the tttr?e set far?h herein for irr the schedule of Performance} acrd suc1? condition is ??ot satisfied after Notice and air oppor'tutrity to cure as pr"ovided ??? eetlol? Sal hereof, acrd such failure rs riot caused b? the Age??cy; or fib} tie Developer is otl?er??ise irr Default under the terns of this Agree??ent at?d fails to cr?re suc1? Default within tl?e time set forth ire ectiai? 501 l?e?'eof? tl?e?? this Areerr?et?t and any rights of the Developer or a??y assignee o?" transferee ?vitl? ?'espect to or arisitrg out of this ?t'eerr?ent shall, at tl?e alation a' tl?e ?.e?e?, be terminated as to such Phase b? written native thereof to tl?e Developer. Prom the date of the ??rltterl native of tern?inattotY of this Agreement as to stzch Phase by the Agency to the Developer' at?d thereae?• this Agreement s1?a11 be deemed terminated as to srrel? Phase ?l?ut not as to try other Pl?ase?, tl?e?l the Agency shall not be obligated to make at?? fu??l?er disburse?r?et?t of the Agency Loa?r for' such Phase or of any ?on?ebuye?" Assistance ?oat?, repa.yrnerrt of tl7e Promissory Note relating to st?cl? Phase shall be accele?'ated, and there shall be no further rights or' abligatiorrs bet?veera t1?e parties with respect to such Phase, except that if the Developer is ire default hereunder, the Agency, after delivery of rlatice of default and expiration of tl?e ct?t'e period pr'ovrded in ectran 50? her"eaf, t??ay pursue any ?'e?r?edies it has at la?v or equity against the Developer' in accordance ?vlth ectio?? 50? hereof" X0,2 Te??illi?iatiorr ?? De?relapcr•, fir the event the Developer is ltot in Default ut?de?" this A?'eet?xexrt, grid {a? the Agency does clot fulfill oi?e or rrrore of tl?e Developer's oiiditions Precedent ??ith respect to a Phase ??rhicl? is capable of beiir satisfied by the Agency on or before the trine set far?h ?n this Agreement for i?? the cl?edt?le of Performance} and such col?dltlon ? tlot satls?ied after` trotlce acrd air opportunity to cure as provided in ectio?? Sal hereof, and such ?'ailu?•e is not caused by the Developer; or fib} the Agency is otl?e?t?vise in Defa€?lt under' the terms of this Agreen?e??t a??d fails to cure st?cl? Default ritlrit? the time set forth in ectlan Sit hereof; then this Agi'eer?e?lt at?d ar?y i"fights of the Agency ?vitlr respect to or' arising or?t of this Agreement shall, at tl?e option of the De?elaper', be terrninatcd as to st?eh ?'l?ae by ?V?'ittet? Notice thereof to the Agency, Frain the date of the ?vritte?? notice of termination of this Agi'eeirient as to such Phase by the Develaper• to the Agency and tlaei'eaer this Agreeinerrt shall be deeiried terminated as to such Phase ?bt?t i?ot as to airy other Phase, the Developer shall not be obligated to 'i?i?tlrei' perforrrr tznder' this Agreement with respect to such Phase and there shall be na fiii'ther' rights ai' abligatioi?s het?veen the pa??ties with respect to such Phase, except that if the Agency is In default hertindr tl?e?? tl?e Developer', after delrver'y of native of default and expiration of tl?e cure period provided In Section 541 1?ereof, ?r?ay pt??'st?e airy remedies they it has at la?v or equity against the Agency ire accor'da??ce with ectiai150 hereof, S9 DOCS?CJ14??673??1312??272•???1