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its obliga:ions. <br />B. Terr--:ati^ '--y -e eIccer Prior to ionve•-ia..ce. <br />1. if the C]="v does no: tender conveyance or possession cf the <br />Property in the _Wanner and condition and by the date provided in <br />the Agreement, and any such failure is not cured within thirty <br />(30) days after the daze of written demand by the Developer, the <br />Agreement shall be terminated at the option of the Developer, by <br />written notice to the Cty and neither the City nor the Developer <br />shall have any further rights against or liability to the other <br />under the Agreement. <br />2. If the Developer furnishes evidence satisfactory to the <br />City that, after and despite diligent effort for a period of <br />sixty (60) days after the date of this Agreement, it has been <br />unable to obtain mortgage financing for the Project on a basis <br />and on terms that would generally be considered satisfactory by <br />builders or contractors for construction of the nature and type <br />of the Project, the Developer shall, after having submitted such <br />evidence and if so requested by the City, continue to make <br />diligent efforts to obtain such financing for a period of sixty <br />(60) days after such request; if the Developer fails to obtain <br />financing after efforts listed above, then the Agreement shall, <br />at the option of the City or the Developer, be terminated by <br />written notice thereof to the other party, and neither the City <br />nor the Developer shall have any further rights against or <br />liability to the other under the Agreement. <br />C. Termination by City Prior to Conveyance. <br />In the event that: <br />a. prior to conveyance of the Property to the Developer and <br />in violation of the Agreement: <br />i. the Developer (or successor in interest) assigns or <br />attempts to assign the Agreement or any rights therein <br />or the Property, or <br />ii. there is any change in the ownership of the Developer <br />with respect to the identity of the parties in control <br />of the Developer or the degree thereof; or <br />b. the Developer does not pay the Purchase Price and take <br />title to the Property upon tender cf conveyance by the City <br />pursuant to the Agreement, <br />and if any default or failure referred to in subdivisions (a) cr <br />(b) of this Section shall not be cured within thirty (30) days <br />after the date of written demand by the City, then the Agreement <br />