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with respect to any o~her defaults by the Redeveloper under thl,~ ~%,.c~.ion or
<br />with respect to the particular default excep% %o %he extent
<br />waived ~n ~l%lng.
<br />
<br /> SEC. 707. Enforced Dela~ In Perfo~ce for Causes,Beyond C,,~t:'ol of
<br />Party. For the pu~oses of ~y of the provisions of %he ~reemen'. neither
<br />%he ~ency nor the Redeveloper, as the case may be, nor ~y sueee~;sor in
<br />in%crest, shall be considered In breach of, or default in, ~ts
<br />with respect %o the preparation of %he Proper~y for redevelopmen~ o~ the
<br />beginning ~d completion of construction of the ~provemenbs, or
<br />respect there%o, in %he event of enforced delay In the perfo~c.e of such
<br />obligations due %o unforeseeable ~.auses beyond its contro~ a~d wi .hou~ its
<br />fault or negligence, including, but not restricted to, 5cts of Go.~,
<br />the public enemy, acts of %he Federal Government, $cts of fhe oth.~
<br />fires, floods, epidemics, quar~tlne restrictions, strikes,
<br />embargoes, ~d unusu~ly severe ~ather or delays of $ubcontracto:.,~ due
<br />such causes; 1% being %he purpose ~d ~ntent of this provision th.~'. In the
<br />event of the occurrence of ~y such enforced delay, the time or t~.mes for
<br />perfo~ce of %he obligations of the ~ency with respect to the ?~egarat~on
<br />of the Property for redevelopment or of the RedeVeloper with resp~:%
<br />const~ction of %he Improvements, as %he case may be, shall be ex ..:n4ed for
<br />%he period of %he enforced delay as dete~ined by the ~ency: Pr
<br /> That the party seeking %he benefit of the provisions of %his Seeb>m shall,
<br /> within ten (10) days after the beg~nning of ~y such enforced del~.~,
<br /> first notified the other party thereof in ~l%lng, ~d of the cau~e or
<br /> causes ~hereof, and requested ~ extension for the period of the .~nforced delay.
<br />
<br /> SEC. 7~. Ri~ts ~d Remedies C~nla%~ve. The ri~ta ~d r.~ed~es
<br /> the parties to the ~reemen%, ~hether provided by law or by the
<br /> shall be cumulative, ~d the exercise by el%her party Of ~y one ,,:' more
<br /> such remedies shall no~ preclude the exercise by it, at the s~e ,~-
<br /> differen~ times,, of any other such remedies for the s~e defau]~ ,,~' breach
<br /> or of ~y of ~ts remedies for ~y other default or breach by ~he ,,'.her 'party.
<br /> No waiver made by either such party with respect to the perfo~ ,~, or
<br /> m~er or time thereof, or ~y obligation of the other party or
<br /> condition %o its o~ obligation under the ~ree~nt shall be co~s3dered
<br /> waiver of any rights ~f %he party making the w~lver ~lth respe~% ',, the
<br /> particular obligation of the o'%her party or eonditio~ %o its o~
<br /> beyond those expressly waived in ~lting ~d to the .ex%es% thereoi'.
<br /> waiver in ~y respect In regard to any other rifts of %he p~%y ~l~k~ng the
<br /> waiver or ~y other oblig~tlons of the other party.
<br />
<br /> SEC. 709. ~'~rty in FOsltion of Surety With Respect to Obllg.~.J.l~)ns.._.
<br /> The Redeveloper. for ~t~el;' and Its successors ~d assigns, ~d f~F
<br /> other person:; who are or ~h~ shall beene, whether by express or
<br /> assumption or otherwise, liable upon or sub,~e,'% bo any obliga~on ,~r burden
<br /> under the Agr~ement, hereby '~aives, %o the fullest extent pe~ltt~'d by law
<br /> and equity, any and ail ~la~ms or defenses otherw[s~ available ,~n the ground
<br /> of its (or their) being or having be~.'ome fl person In the posJti,)n of a
<br /> surety, whcth~r real, personal, (~r otherwise or whether by agr~b
<br /> operation of law, lncluding~ without limitation on the generality of the
<br /> foregoing, any and all claims and defenses based upon extension of
<br /> l~dulgence, or modification of te~s of con%tact.
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