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� �a ����. ����: ���. <br /> 10.3 Other Rights and Remedies of City and Redeveloper: Delay in Performance <br /> Waiver. <br /> 10.3.1 No Waiver by Delay. Any delay by the City or the Redeveloper in <br /> instituting or prosecuting any actions or proceedings or otherwise asserting <br /> their rights under this Agreement shall not operate to act as a waiver of such <br /> rights or to deprive them of or limit such rights in any way(it being the intent <br /> of this provision that the City or the Redeveloper should not be constrained so <br /> as to avoid the risk of being deprived of or limited in the exercise of the <br /> remedies provided in this Agreement because of concepts of waiver, laches or <br /> otherwise); nor shall any waiver in fact made by the City or the Redeveloper <br /> with respect to any specific Event of Default by the Redeveloper or the City <br /> under this Agreement be considered or treated as a waiver of the rights of the <br /> City or the Redeveloper under this Section or with respect to any Event of <br /> Default under any section in this Agreement or with respect to the particular <br /> Event of Default, except to the extent specifically waived in writing by the <br /> City or the Redeveloper. <br /> 10.3.2 Rights and Remedies Cumulative. The rights and remedies of the parties to <br /> this Agreement(or their successors in interest) whether provided by law or by <br /> this Agreement, shall be cumulative, and the exercise by either party of any <br /> one or more of such remedies shall not preclude the exercise by it, at the time <br /> or different times, of any other such remedies for the same Event of Default <br /> by the other party. No waiver made by either such party with respect to the <br /> performance, nor the manner or time thereof, or any obligation of the other <br /> party or any condition to its own obligation under the Agreement shall be <br /> considered a waiver of any rights of the party making the waiver with respect <br /> to the particular obligation of the other party or condition to its own <br /> obligation beyond those expressly waived in writing and to the extent thereof, <br /> or a waiver in any respect in regard to any other rights of the party making the <br /> waiver or any other obligations of the other party. <br /> 10.3.3 Delay in Performance. For the purposes of any of the provisions of this <br /> Agreement except with regard to payment of real estate taxes as provided <br /> herein, neither the City, nor the Redeveloper, as the case may be, nor any <br /> successor in interest, shall be considered in breach of, or in default of, its <br /> obligations with respect to the beginning and completion of construction of <br /> the Project, or progress in respect thereto, in the event of enforced delay in <br /> the performance of such obligation due to unforeseeable causes beyond its <br /> control and without its fault or negligence, including,but not restricted to acts <br /> of God, acts of the public enemy, acts of federal, state or local government, <br /> acts of the federal or state judiciary, acts of the other party, fires, floods, <br /> epidemics, quarantine restrictions, strikes, embargoes, acts of nature, <br /> unusually severe weather or delays of subcontractors due to such causes; it <br /> being the purposes and intent of this provision that in the event of the <br /> occurrence of any such enforced delay, the time or times for performance of <br /> the obligations of the City or the Redeveloper with respect to the beginning � <br /> and completion of the construction of the Project, shall be extended for the ' <br /> CITY OF DECATUR/FirsTech Red.Agreement 15 <br /> Page 115 of 161 <br />