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any way. This provision intends that the Commission should not be constrained, so as to avoid the
<br />risk of being deprived of or limited in the exercise of the remedy provided in this Contract because
<br />of concepts of waiver, laches, or otherwise, to exercise such remedy at a time when it may still hope
<br />otherwise to resolve the problems created by the default involved; nor shall any waiver in fact made
<br />by the Commission with respect to any specific default by the Developer under this Contract be
<br />considered or treated as a waiver of the Commission's rights to any other defaults by the Developer
<br />under this Contract or with respect to the particular default except to the extent specifically waived
<br />in writing.
<br />G. Enforced Delay in Performance for Causes Beyond Control of Part y. For the
<br />purposes of any of the provisions of the Contract, neither the Commission nor the Developer, as the
<br />case may be, nor any successors in interest, shall be considered in breach of or in default in its
<br />obligations with respect to the preparation of the Property for the Project, or the beginning and
<br />completion of construction, or progress in respect thereto, in the event of enforced delay in the
<br />performance of such obligations due to unforeseeable causes beyond its control and without its fault
<br />or negligence. These include, but are not limited to, acts of God, acts of the public enemy, acts of the
<br />federal government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes,
<br />freight embargos and unusually severe weather, or delays of subcontractors due to such causes. The
<br />purpose and intent of this provision is that in the event of the occurrence of any such erforced delay,
<br />the time or times for performance of the obligations of the Developer with respect to construction of
<br />the Project shall be extended for the period of the enforced delays as determined by the Commission.
<br />The party seeking the benefit of the provisions of this paragraph shall, within ten (10) days after the
<br />beginning of the enforced delay, have first notified the other party thereof in writing and of the cause
<br />or causes thereof, and shall have requested 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 Obli atg ions. 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.
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