Common use of Enforced Delay; Extension of Time of Performance Clause in Contracts

Enforced Delay; Extension of Time of Performance. In addition to the specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to reasonably secure necessary labor, materials, tools; delays of any contractor, subcontractor or suppliers; acts of another party; any delay not the fault of Redeveloper in the issuance of any permits or licenses to enable Redeveloper to proceed with the Disposition and Development Agreement No. 93-001 Page 34 development of the Site; acts or failures to act of any public or governmental agency or entity (other than those acts or failures to act of the Agency shall not excuse performance by the Agency) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. If, however, notice by the party claiming such extension is sent to the other parties more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the Agency and the Redeveloper.