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<br /> commences curing. within such thirty (30) day period, and tl��:reafter,diligently and continuously
<br /> prosecutes the curc; of such default until the same has been cured. '
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<br /> Upon a breach of this Agreement, the Non-defaulting Party; in any court of competent
<br /> jurisdiction, bv an action or proceeding at law or in equity, may enf rce this Agreement or may
<br /> be awarded damages for failure of performance including attorneys and professional fees and
<br /> costs, or both. '
<br /> Failure of the City to reimburse or pay the Developer, or debt�service to the holder of any
<br /> Note issued hereunder, for Eligible Redevelopment Project Costs� due to insufficient funds
<br /> generated within the �pecial "I'a� Allocation Fund shall not be deemec� a de;fault on the part of the
<br /> Cit��. '�
<br /> 8. TIMF.: FORCE MAJEURE I
<br /> F'or this A�reement, time is of the essence; provided however, Developer or City shall not
<br /> he dtemed in detault �y�ith respect to any obligations e�f' this Ag eement on its parl�?o be
<br /> performed if I�eveloper or the City iails to timely perform the sam and such Failure i�lue in
<br /> whole, ur in part, to ("force majeure") any strike, lock-out, labo� trouble (whether le�a1 or
<br /> illegalj, ci��il ;iisc�rder, inability to procure materials, weather condtions, wet soil c�.�i�e�ns,
<br /> failure or ii!terrupti�n� oi'power, restrictive governmental laws and �egulations, cond�t€c�n,
<br /> rio,,, ir►�urreE,tions, u-ar, tuel sh�rtages, accidents, casualties, Act of ctl, acts caused diref:tiv ��r
<br /> indirectli� by th.e c�ti�e.r partv (or the other pa.rty's agents, employees r invitees) or third }�arti�;s,
<br /> t�r anti� other cause beyond the reasonable control of Developer or c City. A force n�ajeure
<br /> event shail be claimed in w,rriting, if at a11, within 20 days of the event hereof; and otherwise may
<br /> not be claime�.
<br /> 9. AMEND�ZENT '�
<br /> 7�IZis Agr�errient, and any exhibits attached hereto, may bc ar� �n�1�1 only by the mutual
<br /> consent of the Parties evidenced by a written amendment, hy the. a option of an ordinance or
<br /> resolution of the City approving said written amendr7ient, as pro ided by la���, and by tl�e
<br /> execution of said written amendment by the Parties or their st�ccessors in interest.
<br /> 10. ASSIf�NNTFNT �
<br /> �',Ycept fc�r th� initial assignn►ent of this Redevelopment A reement as collateral, the
<br /> Developer shall not as�ign any of the rigY�ts in this Agreement with ut first obtaining written
<br /> consent of the City. I�c,wever, the City agrees that consent shall not be unreasonabl}� withheld
<br /> provided the natlzre and financial status of the project are not subst ntially chan�ed, and that
<br /> nothing contained herein is intended to restrict the transfer of inter st in this agreement as a
<br /> r�.�u,t c�f the death �f�any of tile Developers. �
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