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�i <br /> � <br /> ,�l <br /> ,� periorm any term or provision of this Agreement shall constituie an "event of' <br /> a def�ult" under this Agreement. The party who so fails oi• delays musi, upon <br /> � <br /> � receipi of written notice of the existence of such event of default, immediaiely <br /> '� commence to cure, coi•reci or i•emedy such event of default and thereafler proceed <br /> 's7 with diligence to cur•e such eveni of default. The party claiming such eveni oC <br /> � defauli shall give written notice of the claimed event of default io the other party <br /> "� specifying the event of default complained of. Excepi as required to protect <br /> eC against immediate, irreparable harm, the party asserting an eveni of defauli may <br /> Mi <br /> � not institute proceedings againsi the other party until thirty (30) days afier having <br /> � given such notice. If such event of default is cured within such ihirty (30) day <br /> �� <br /> period, the event of defauli shall not be deemed to constituie a "default" under <br /> this Agreement. If the event of default is one which cannot reasonably be cured <br /> within a thirty (30) day period, upon request and with appropriate showings the <br /> cure period shall be extended for such time as is reasonably necessary for the <br /> curing of the same, so long as there is diligent proceeding to cure such event of <br /> default. If such event of default is cured within such eatended period, the event <br /> shall not be deemed to constitute a default under this Agreement. However, an <br /> event of default not cured as provided above shall constitute a default under this <br /> Agreement. Except as otherwise expressly provided in this Agreement, any failure <br /> or delay by either party in asserting any of its rights or remedies as to any�event of <br /> default or default shall not operate as a waiver of any such event of default or <br /> default of any rights or remedies it may have as a result of such event of default or <br /> default. Both parties shall have and retain all rights and remedies available at law <br /> and in equity should the other be in default under this Agreement. <br /> 8. LIMITED LIABILITY TO OTHERS <br /> Except as otherwise expressly provided herein, the Municipality shall not be <br /> obligated to make any payments to any person other than the Developer (and its <br /> permitted assignees), nor shall the Municipality be obligated to pay any <br /> contractor, subcontractor, mechanic, materialman providing services or materials <br /> to the Developer for or in respect of the Development Project. <br /> 9. TIME; UNAVOIDABLE DELAY <br /> Time is of the essence of this Agreement. Provided, however, neither the <br /> Developer nor the Municipality shall be deemed in default wiih respect to any <br /> obligations under this Agreement on their part to be performed if either fails to <br /> timely perform the same and such failur•e is due in whole or in part to any <br /> occurrences beyond the control of the parties, including but noi limiied to stril<e, <br /> lockout, labor trouble (whether lega] or illegal), civil disordei•, inability to procure <br /> materials or labor, weather conditions, wet soil conditions, or floods, failure oi• <br /> interruption of power, restrictive governmental laws and r•egulations, <br /> condemnation, riots, insurrections, acts of war, public disorders, rebellion or <br /> sabotage, riots, strikes, labor oi• employment difficulties v,�hether direci or indirect, <br /> fuel shorta es accidents casualties Acts of God or the ublic enem , <br /> � , , , P Y <br /> - 18 - <br />