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24,10 Waiver of Subro as tion, Developer hereby waives all rights to <br />recover against the City (or any officer, employee, agent or representative of the City) for any <br />loss incurred by Developer from any cause insured against or required by any Loan Document, <br />to be insured against; provided, however, that this waiver of subrogation shall not be effective <br />with respect to any insurance policy if the coverage thereunder would be materially reduced or <br />impaired as a result. Developer shall use its best efforts to obtain only policies which permit the <br />foregoing waiver of subrogation. <br />25. Force Maieure. <br />Notwithstanding specific provisions of this Note, performance hereunder shall not be <br />ccmed to be in default where delays or defaults are due to; war; insuarection; strikes; lock -outs: <br />riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public enemy; <br />epidemics; quarantine restrictions; freight embargoes; lack of transportation; govenunental <br />restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, <br />materials or tools; delays of any contractor or supplier; acts of the 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 />act of City shall not excuse performance by City); or any other causes beyond the reasonable <br />control or without the fault of the party claiming an extension of time to perform, An extension <br />of time for any such cause shall be for the period of the enforced delay and shall commence to <br />run from the time the party claiming such extension gives notice to the other party, provided <br />notice by the party claiming such extension is given within thirty (30) days after the <br />commencement of the cause. Times of performance under this Note may also be extended in <br />writing by the City and the Borrower, <br />26. Assignments, <br />The City, and the assignee of the City, shall have the right to assign this Note and the <br />Deed of Trust securing this Note, without any further act of Borrower. The assignee shall give <br />notice to Borrower as soon as practicable after such assigranent. <br />14 <br />25C -83 <br />