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G. Enforced Delay in Performance for Causes Beyond Control of Party. For the purposes
<br />of any of the provisions of the Contract, neither the Commission nor the Developer, as the case may
<br />be, nor any successors in interest, shall be considered in breach of or in default in its obligations with
<br />respect to the preparation of the Property for the Project, or the beginning and completion of
<br />construction, or progress in respect thereto, in the event of enforced delay in the performance of such
<br />obligations due to unforeseeable causes beyond its control and without its fault or negligence. These
<br />include, but are not limited to, acts of God, acts of the public enemy, acts of the federal government,
<br />acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
<br />and unusually severe weather, or delays of subcontractors due to such causes. The purpose and
<br />intent of this provision is that in the event of the occurrence of any such enforced delay, the time or
<br />times for performance of the obligations of the Commission with respect to the preparation of the
<br />Property for development or of the Developer with respect to construction of the Project as the case
<br />may be, shall be extended for the period of the enforced delays as determined by the Commission but
<br />at least an additional thirty (30) days: Provided, That the party seeking the benefit of the provisions
<br />of this paragraph shall, within ten (10) days after the beginning of the enforced delay, have first
<br />notified the other party thereof in writing and of the cause or causes thereof, and shall have requested
<br />an extension for the period of the enforced delay.
<br />H. Rights and Remedies Cumulative. The rights and remedies of the parties to the
<br />Contract, whether provided by law or by the Contract, shall be cumulative. The exercise by either
<br />party of any one or more of such remedies shall not preclude the exercise, at the same or different
<br />times, of any other such remedies for the same default or breach or of any of its remedies for any
<br />other default or breach by the other party. No waiver made by either such party with respect to the
<br />performance, manner or time thereof, any obligation of the other party, or any condition to its own
<br />obligation under the Contract shall be considered a waiver of any rights of the party making the
<br />waiver with respect to that particular obligation of the other party or condition to its own obligation
<br />beyond those expressly waived in writing and to the extent thereof, or a waiver of any respect in
<br />regard to any other rights of the party making the waiver or any other obligations of the other party.
<br />I. Party in Position of Surety With Respect to Obligations. The Developer, for itself, its
<br />successors and assigns, and for all other persons who are or who shall become liable upon or subject
<br />to any obligation or burden under the Contract, whether by express or implied assumption or
<br />otherwise, hereby waives, to the fullest extent permitted by law, any and all claims or defenses
<br />otherwise available on the ground of its or their being or having become a person in the position of a
<br />surety, whether real, personal, or otherwise or whether by agreement or operation of law, including,
<br />without limitation on the generality of the foregoing, any and all claims and defenses based upon
<br />extension of time, indulgence, or modification of terms of contract.
<br />SECTION XI. MISCELLANEOUS.
<br />A. Conflict of Interest; Commission Representatives Not Individually Liable. No
<br />member, official, or employee of the Commission shall have any personal interest, direct or indirect,
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