R2003-75 AUTHORIZING EXECUTION OF AGREEMENT

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4.5 Municipality Approvals. The Municipality agrees to cooperate with the Developer and to expeditiously process and timely consider all applications for Municipality Approvals as received, all in accordance with the applicable ordinances, codes and regulations of the Municipality and laws of the State of Illinois, and to take all further actions on Municipality Approvals (after processing in accordance with applicable laws and ordinances) as are consistent with the Concept Site Plan, the Redevelopment Plan, and this Agreement. 4.6 Certification of Substantial Completion. Promptly after substantial completion of all or a functional portion of the Development Project in accordance with the provisions of this Agreement, the Developer shall so certify by furnishing to the Construction Inspector a Certificate of Substantial Completion in the form of Exhibit B to this Agreement. Such certification by the Developer and acceptance by the Construction Inspector shall be a conclusive deternunation of the satisfaction of the Developer's agreements and covenants to implement, as applicable, all or the specified functional portion of the Development Project. The accepted Certificate of Substantial Completion shall be recorded by the Developer in the office of the Macon County Recorder. If the Construction Inspector shall refuse or fail to accept such Certification, the Construction Inspector shall, within fifteen(15) days after written request by the Developer, provide to the Developer a written statement stating in adequate detail in what respects the Developer has failed to complete the Development Project in reasonable accordance with the Concept Site Plan, the Redevelopment Plan, and/or this Agreement, or is otherwise in default, and what reasonable measures or acts the Developer must take or perform, in the opinion of the Construction Inspector, to obtain such acceptance. ARTICLE V. GENERAL PROVISIONS 5.1 Assignment. The rights, duties and obligations of a party this Agreement shall be assignable subject to prior written approval of the other party, which approval shall not be unreasonably withheld or delayed. 5.2 Remedies. Except as otherwise specifically provided in this Agreement, in the event of any default in or breach of any term or condition of this Agreement by either party or any permitted successor or assign, the alleged defaulting or breaching party shall, upon written notice from the other party, proceed immediately to cure or remedy such default or breach, and, shall, in any event, within thirty (30) days after receipt of such notice, commence to cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued or the default or breach is not cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including but not limited to proceedings to compel specific performance by the defaulting or breaching party. Notwithstanding anything herein to the contrary any liability of the Municipality shall be limited solely to specific performance. 5.3 Force Majeure. Neither the Municipality nor the Developer nor any successor in interest shall be considered in breach or default of their respective obligations under this Agreement, and times for performance of obligations hereunder shall be extended, in the event of any delay caused by force majeure, including, without limitation, damage or destruction by fire or casualty; condemnation; strike; lockout; civil disorder; war�, restrictive government regulations; issuance of any permits and/or legal authorization by the governmental entity necessary for the Developer to proceed with the Development , Project or any portion thereof; shortage or delay in shipment of material or fuel; inability to secure labor 13