R2023-47 Resolution Authorizing Redevelopment Agreement for Former Prairie Farms Property - Tillamook Illinois, Inc.

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with respect to the performance,nor the manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof,or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. 7.3.3 Delay in Performance. For the purposes of any of the provisions of this Agreement, neither the City,nor the Developer, shall be considered in breach of, or in default of, its obligations with respect to the beginning and completion of improvement work or other construction or renovation work of the Project, in the event of enforced delay in the performance of such obligation due to unforeseeable causes beyond its control and without its fault or negligence,including,but not restricted to acts of God,acts of the public enemy, acts of federal, state or local government, application of Applicable Laws,acts of the federal or state judiciary,acts of the other party,fires, floods, epidemics, quarantine restrictions, strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to such causes; it being the purposes and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or the Developer with respect to the beginning and completion of the improvement of the Project or the demolition of structure(s)shall be extended for the period of the enforced delay. Provided,that the party seeking the benefit of the provisions of this Section, shall within thirty(30) days after the beginning of any such enforced delay have first notified the other party thereof in writing, of the cause or causes thereof,and requested an extension of the period of enforced delay. Such extensions of schedule shall be agreed to in writing by the parties hereto. Nothing in this Section will excuse payment by City or Developer of any amounts owing under this Agreement. ARTICLE VIII: EQUAL EMPLOYMENT OPPORTUNITY The Developer, for itself and its successors and assigns, agrees that during and with respect to renovation and improvement of the Project provided for in this Agreement that the following will apply: 8.1 Nondiscrimination. The Developer will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, creed, disability, age or national origin. The