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then and in eve�y such case the Redeveloper and the City shall be restored respectiveiy to <br /> theic several positions and cights hereunder, and all rights, remedies and poweis of the <br /> Redeveloper and the City shall continue as though no such proceedings had been taken. <br /> 1I.3 Other Rights and Remedies of City aud Redevcloper: Delay in PerformRnce Waiver. <br /> 11,3.1 No Waivet•by Delay. Any delay by the City oc•the Redeveloper in instituting or <br /> prosecuting any actions or proceedings or otherwise assetting their rights under <br /> this Agreement shatl not o�erate to act as a waiver of such rights or to deprive <br /> them of or limit such rights in auy way {it being tl�e intent of this provision that <br /> the City or the Redeveloper should not be constrained so as to avoid the risk of <br /> being deprived of or limited i�t the exei�cise of the remedies provided in this <br /> Agreemeut because of concepts of waiver, laches or otherwise); noc sliall any <br /> waiver in fact made by the City or the Redeveloper with respect to any specific <br /> Event of Default by tl�e Redeveloper or the City under this Agreement be <br /> considered or treated as a waiver of the rights of the City or the Redeveloper <br /> under this Section or with respect to any Event of Default under any section in j <br /> this Agreement or with respect to the particulac �vent of Default, except to the , <br /> extent specificaily waived in writing by the City oc tIie Redeveloper, <br /> 11.3.2 Rights and Remedies Cumulative. The rights and ramedies of the parties to <br /> this Agreement (or their successois in interest) whether provided by law or by <br /> this Agceement, shall be cumulative, and the exei�cise by either patTy of any one , <br /> or �nore of such remedies shall not pceclude the exercise by it, at the time or �! <br /> different times, of any other such remedies for the same Event of Default by t11e <br /> other party. No waiver made by eitlier such party with cespect to the <br /> perfo►mance, nor the manner or time theceof,or aiiy obligation of the otl�er party <br /> or any condition to its own obligation under the Agreement shali be considered a <br /> waiver of any rights of the party making the waiver with respect to tlle particular <br /> obligation of the other party or condition to its own obligation beyond those <br /> expressly waived iu writing and to the extent thei•eof, or a waiver in any respect <br /> ii� regard to any otliec rights of the party making the waiver or any other <br /> obligations of the other party. <br /> 11.3.3 Delay iyi Performance. For the putposes of any of the pr•ovisions of this <br /> Agreement except with regard to payment of real estate taxes as provided herein, <br /> neither the City, nor the Redeveloper, as the case may be, nor any successor in <br /> interest, sl�all be considered in breach of, or in default of, its obligations with <br /> respect to the beginning and completion of construction of the Project, or <br /> progress ui respect thereto, in tl�e event of enforced delay in the performauce of <br /> such obligation due to unforeseeable causes beyond its coutrol aud without its <br /> fault or negligence, including, but not restricted to acts of God, acts of the public <br /> enemy, acts of federal, state oa� local goverument, acts of the federal or state <br /> judiciaty, acts of the otl�er party, �res, floods, epidemics, quarantu�e cestrictions, <br /> strikes, embargoes, acts of nature, unusually severe weather or delays of <br /> subcontractors due to such causes; it bein� the purposes and intent of this <br /> pcovision that in the event of the occurrence of any such enforced delay,the time <br /> or times for performance of tIle obligations of the City or the IZedeveloper with <br /> respect to the beginning and completion of the construction of the Project, the <br /> Public Projects or the Public Improvements shall be extended for the period of <br /> City of Decatur/Pines Si�opping Center Redevelopmant A�reement 15 <br />