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acquiring interests in or possession of real estate caused by the parties who are contractually <br /> obligated to convey and grant to the Developer, for which the Developer shall have a day for day <br /> extension for any deadlines hereunder, if such event is claimed in writing delivered within ten <br /> (10)days of the occurrence of the event giving rise thereto. <br /> 9. ASSIGNMENT <br /> The rights and obligations of Developer under this Agreement shall be <br /> assignable, in whole and not in part, with(i)not less than 20 business days'(or such lesser notice <br /> acceptable to the Municipality) written notice by the Developer to the Municipality and (ii) the <br /> written approval of such assignment by the Municipality, including on such terms and conditions <br /> as the Municipaliry shall require; provided that no such assignment shall be deemed to release the <br /> Developer of its obligations to the Municipality under this Agreement unless the consent of the <br /> Municipality to the release of the Developer's obligarions is first obtained. <br /> 10. PREPAYMENTS <br /> The Municipality absolutely reserves the right, prior to the expirarion of the term <br /> of this 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 <br /> hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such <br /> right or remedy does so in writing. No such waiver shall obligate such party to waive any other <br /> right or remedy hereunder,or shall be deemed to consritute a waiver of other rights and remedies <br /> provided pursuant to this Agreement. <br /> 12. SEVERABILITY <br /> If any section, subsecrion, term or provision of this Agreement or the application <br /> thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the <br /> remainder of such section, subsection, term or provision of this Agreement or the application of <br /> same to parties or circumstances other than those to which it is held invalid or unenforceable, <br /> shall not be affected thereby. <br /> 13. NOTICES <br /> All notices, demands, requests, consents, approvals or other instruments required <br /> or pernutted by this Agreement shall be in wriring 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 the date of <br /> actual delivery, if delivered personally, or as of the third(3rd)day from and including the date of <br /> posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, <br /> addressed as follows(or to such other address as is provided by notice): <br />