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an action in damages, or, in the event damages would not fairly compensate the <br /> non-defaulting party, the non-defaulting party shall have such other rights and <br /> remedies as are available at law or equity. In the event a defaulting party fails to <br /> perform any condition hereunder, it shall not be deemed in default if it shall have <br /> cured such default within 30 days of its receipt of a notice from the non-defaulting <br /> party specifying the nature of the default. Upon a breach of this Agreement, the <br /> non-defaulting party, in any court of competent jurisdiction, by an action or <br /> proceeding at law or in equity, may enforce this Agreement or may be awarded <br /> damages for failure of performance, including attorney's fees and professional <br /> fees, or both, and costs. <br /> 12. Force Majeure. Neither party shall be deemed in default of this <br /> Agreement if such default is due to any civil disorder, riots, insurrections, war, <br /> major casualties, severe weather, Act of God, or any other cause beyond the <br /> reasonable control of the City or FS ("Force Majeure"). A force majeure event <br /> shall be claimed in writing, if at all, within 20 days of the event thereof, and <br /> otherwise may not be claimed. <br /> 13. Illinois Law. This Agreement shall be construed in accordance with <br /> the laws of the State of Illinois. <br /> 14. Severability. If any section, subsection, term or provision of this <br /> Agreement or the application thereof to any party or circumstance shall to any <br /> extent be invalid or enforceable, the remainder of said section, subsection, term <br /> or provision of this Agreement or the application of the same to parties or <br /> 4 <br />