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Section 4.8. Limitation of Liability. The City agrees and acknowledges that Borrower's <br />representations, warranties, covenants, agreements and performance obligations under this Loan <br />Agreement are limited to and apply exclusively to the operations of Borrower at the Project site <br />and any determination as to whether Borrower is in default of this Loan Agreement will be limited <br />to Borrower's operations at the Project site. <br />Section 4.9. Force Majeure. A party will not be deemed to be in default or otherwise in <br />violation of any term of this Loan Agreement to the extent such party's action, inaction or omission <br />is the result of Force Majeure Event (as defined below). The City and Borrower agree to use <br />commercially reasonable efforts to promptly resolve any Force Majeure Event that adversely and <br />materially impacts their performance under this Loan Agreement. A force majeure event pauses a <br />party's performance obligation for the duration of the event but does not excuse it. "Force Majeure <br />Event" means any event or occurrence that is not within the control of such party or its affiliates <br />and prevents a party from performing its obligations under this Loan Agreement, including without <br />limitation, any act of God; pandemic; act of a public enemy; war; riot; sabotage; blockage; <br />embargo; failure or inability to secure materials, supplies or labor through ordinary sources by <br />reason of shortages or priority; labor strike, lockout or other labor or industrial disturbance <br />(whether or not on the part of agents or employees of either party); civil disturbance; terrorist act; <br />power outage; fire, flood, windstorm, hurricane, earthquake or other casualty; any law, order, <br />regulation or other action of any governing authority; any action, inaction, order, ruling <br />moratorium, regulation, statute, condition or other decision of any governmental agency having <br />jurisdiction over the party hereto, over the Project or over a party's operations. <br />(End of Article IV) <br />15 <br />4854-2813-5735.5 <br />