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Book : 3758 Rage : 116 <br /> Developer's anchor tenant as a result of Developer's anchor tenants inability to vacate its <br /> existing lease space and relocate to the building to be constructed on the Premises; <br /> however,the Municipality shall not be liable to the Developer for any claims, damages, <br /> losses, penalties or other costs to the extent Municipality's failure to meet the required <br /> time schedule is caused by occurrences beyond the reasonable control of the Municipality <br /> and which by the exercise of reasonable diligence, the Municipality is unable to prevent. <br /> 9. ASSIGNMENT <br /> Except for the initial assignment of this Redevelopment Agreement as collateral, the <br /> Developer shall not assign any of the rights in this Agreement without first obtaining <br /> written consent of the City. However, the City agrees that consent shall not be <br /> unreasonably withheld provided the nature and financial status of the project are not <br /> substantially changed, and that nothing contained herein is intended to restrict the transfer <br /> of interest in this Agreement as a result of the death of any of the Developer's owners, <br /> managers or members as the case may be. <br /> 10. PREPAYMENTS <br /> The Municipality absolutely reserves the right, prior to the expiration of the term of this <br /> Agreement and to the extent lawful, in its sole discretion, to prepay all or any part of its <br /> obligations under this Agreement or any Note. <br /> 11. WAIVER <br /> Any party to this Agreement may elect to waive any remedy it may have hereunder, <br /> provided that no such waiver shall be deemed to exist unless the party waiving such right <br /> or remedy does so in writing. No such waiver shall obligate such party to waive any <br /> other right or remedy hereunder, or shall be deemed to constitute a waiver of other rights <br /> and remedies provided pursuant to this Agreement. �, <br /> 12. SEVERABILITY �I <br /> If any section, subsection, term or provision of this Agreement or the application thereof ���I <br /> to any party or circumstance shall, to any extent, be invalid or unenforceable, the I <br /> remainder of such section, subsection, term or provision of this Agreement or the <br /> application of same to parties or circumstances other than those to which it is held invalid <br /> or unenforceable, shall not be affected thereby. <br /> 13. NOTICES <br /> All notices, demands, requests, consents, approvals or other instruments required or <br /> perinitted by this Agreement shall be in writing and shall be executed by the party or an <br /> officer, agent or attorney of the party, and shall be deemed to have been effective as of <br /> the date of actual delivery, if delivered personally, or as of the third (3rd) day from and <br /> including the date of posting, if mailed by registered or certified mail, return receipt <br /> requested, with postage prepaid, addressed as follows (or to such other address as is <br /> provided by notice): <br /> RDLLC 20060926 v I 1 g <br />