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Book : 3758 Page : 114 <br /> or default. Both parties shall have and retain all rights and remedies available at law and � <br /> in equity should the other be in default under this Agreement. i <br /> 7. LIM�TED LIABILITY TO OTHERS <br /> Except as otherwise expressly provided herein, the Municipality shall not be obligated to <br /> make any payments to any person other than the Developer (and its permitted assignees), <br /> nor shall the Municipaliry be obligated to pay any contractor, subcontractor, mechanic, <br /> materialrnan providing services or materials to the Developer for or in rPspect of the <br /> Development Project. <br /> 8. TIME; UNAVOIDABLE DELAY <br /> Time is of the essence of this Agreement. Provided, however, the Developer shall not be <br /> deemed in default with respect to any obligations under this Agreement on its part to be <br /> performed if the Developer fails to timely perform the same and such failure is due in <br /> whole or in part to any occurrences beyond the control of the Developer, including but <br /> not limited to strike, lockout, labor trouble (whether legal or illegal), civil disorder, <br /> inability to procure materials ar labor, weather conditions, wet soil conditions, or floods, <br /> failure or interruption of power, restrictive governmental laws and regulations, <br /> condemnation, riots, insurrections, acts of war, public disorders, rebellion or sabotage, <br /> riots, strikes, labor or employment difficulties whether direct or indirect, fuel shortages, <br /> accidents, casualties, Acts of God or the public enemy, expropriarion or confiscation of <br /> facilities or compliance with any order or request of governmental authority or person <br /> purporting to act therefore, acts caused directly or indirectly by the Municipality (or the <br /> Municipality's agents or employees) or third parties, or any other similar cause beyond <br /> the reasonable control of Developer, including but not limited to delays in acquiring <br /> interests in or possession of real estate caused by the parties who are contractually <br /> obligated to convey and grant to the Developer. <br /> The Municipality acknowledges that the Developer has entered into a written lease <br /> agreement with its anchar tenant [the "Anchor Tenant Lease"], whereby Developer's <br /> anchor tenant has agreed to lease substantial square footage in the building to be <br /> constructed by the Developer as part of the Development Project. The Municipaliry <br /> further acknowledges that the Anchor Tenant Lease includes certain contingencies that <br /> must occur within specified time periods; otherwise, Developer's anchor tenant may <br /> terminate said lease agreement without further liability to the Developer. Certain of the <br /> contingencies within the Anchor Tenant Lease require affirmative conduct on the part of <br /> the Municipality within specified time periods set forth in the Anchor Tenant Lease. The <br /> Municipality agrees that the Developer may terminate this Agreement without further <br /> liability to the Municipality in the event any of the contingencies in the Anchor Tenant <br /> Lease are not met within the time periods specified therein or in the event Developer's <br /> anchor tenant terminates the Anchor Tenant's Lease for any reason. <br /> The Municipality specifically acknowledges that the Anchor Tenailt Lease contains <br /> certain contingencies and therefore the Municipality hereby promises and agrees to take <br /> whatever action is necessary on its part to ensure that the following occur within the time <br /> frames specified below: <br /> RDLLC 20060926 vl 16 <br />