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to he insured against: provided, however, that taxis waiver of subrogation ,hall not be, drec;tive <br />with 1 y ' e policy if the cowerap;e thereunder would be materially reduced or <br />at3�o tc•s oect to ao�a ouvsurtuao <br />impaired as a relwh. DQv0oper shall use its best efforts to obtain only policies Which perrmt the <br />t¢oregoing wwaiwca a rl'.sudorotation. <br />2a. Foree°e. <br />Notwithstanding specific provisiom, of this Note, perliornwaauee heleLrndcr shall not be <br />dcoomed to he on default where delays or depitults are due to: wear, insot- eetion; strikes loch- Routs; <br />roots; foods-, earthquakes; fees; casualties; acts olGod eor other deities; acts of the Public encnay; <br />epidemics; quarantine restrictions; Freight embargoes; litre of transportairon; governmental <br />restrictions or priority; litigation, unuativally severe weather; inability to secure necessary labor, <br />materials or tools; delays of any contractor or supplier, facts of the e „other party; acts or failure to <br />act of the City or any other public or governmental City or entity (except that any act or failure to <br />tact of City shall not excuse performance by City); or any other causes beyond the reasonable <br />control or Without the 1auh of the party clajunsavf; lull extension nl” lime to pertCorm, An extension <br />of, time hcrr any .such ,hall he for the period of the enforced delay and shalt commence to <br />run from Ow time the party claiming such cxtcmu ion gives notice to the other party, provided <br />notice by the party chaining such extunsion is given within thirty (30) drays after the <br />commencement of the cause. Times cof' pca tornance under this Note may also be extended in <br />writing by the City and live Bon-ower. <br />2Co. Assignments. <br />']'lie City, and the assignee of the City, shall have the right to assign this Note and the <br />Deed of `I rust seturing this T',<eote , without any fuather .act of Borrower. The assail ooee sha11 give <br />notice to [borrower gas sa0000 as pomctucable after such assignment, <br />14 <br />25H -80 <br />