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25. Force Maieure. <br />Notwithstanding specific provisions of this Note, performance hereunder shall not be deemed <br />to be in default where delays or defaults are due to: war; insurrection; strikes; lock-outs; riots; floods; <br />earthquakes; fires; casualties; acts of God or other deities; acts of the public enemy; epidemics; <br />quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or <br />priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; <br />delays of any contractor or supplier; acts of the other party; acts or failure to act of the City or any <br />other public or governmental City or entity (except that any act or failure to act of City shall not <br />excuse performance by City); or any other causes beyond the reasonable control or without the fault <br />of the party claiming an extension of time to perform. An extension of time for any such cause shall <br />be for the period of the enforced delay and shall commence to run from the time the party claiming <br />such extension gives notice to the other party, provided notice by the party claiming such extension is <br />given within thirty (30) days after the commencement of the cause. Times of performance under this <br />Note may also be extended in writing by the City and the Borrower. <br />26. Assignments. <br />The City, and any assignee of the City, shall have the right to assign this Note and the Deed <br />of Trust securing this Note, without any further act of Borrower. The assignee shall give notice to <br />Borrower as soon as practicable after such assignment. <br />27. Agency and Authority Right to Enforce. <br />The Agency and Authority are each intended third party beneficiaries of City's rights under <br />this Note, with full rights (but no obligation) to enforce all of Borrower's obligations hereunder. <br />Signatures appear on following page} <br />D-10 <br />D O C S O C/ 1475 221 v5/200272-0004 <br />