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F. Other Ri~`hts and Remedies ofCommission: No ~~ ai~er by Dchiv. ~T~he Commission <br />shall ha~c the right to institute such actions or proceedings as it may deem desirable for eflcetu~itin~~ <br />the purposes of this Scrlion IX. This would include the ri~~ht t<~ execute and rcc~,rd or the amon~~ the <br />public land regards in the offiice in ~~~hich the Deed is recorded a written declaration of the <br />termination ofall the right. title. and interest ofthc De~~elopcr. and (except for such individual parts <br />upon ~~hich construction has been completed under the Contract and for ~~~hich a Certilicatc of <br />Completion as prop ided in Section V is to be deli~cred. and subject to such nu~rtgagc liens and <br />leasehold interests as provided in Section IX. paragraph D hereof) its successors in interest and <br />assigns. in the Propert~~. and the re~esting of title in the Commission. l\n~ delay by the Commission <br />in intitutin~a or prosecuting any such actions or proceedings uruthcrwise asserting its rights under <br />this Section X shall not operate as a ~i <tiver of such rights or to deprive it of or limit such rights in <br />anv ~~~av. "I-his provision intends that the Commission should not be constrained. ,~~ as to avoid the <br />risk of being depri~'ed of or limited in the exercise of the remedy proridcd in this paragraph because <br />~,f concepts of xvai~ cr. lathes, or othcr~~ise. to cxcrcisc such remedy at a time ~~~hen it may still hope <br />other~~isc to resole the problems created by the default ins olved: nor shell am ~~ai~cr in fact made <br />b~ the Commission ~~ith respect to and specific default b~ the De~cloper under this paragraph be <br />considered or fretted as a ~~ai~er of the Conunission~s rights to any other defaults by the Dercloper <br />under this paragraph or ~~ith respect to the particular default except to the extent spcciiically ~x~aix~ed <br />in ~aritin2. <br />G. Enfin~ced Dcla~ in Perfbrmanee furCauses Beyond Control ofPartx~. For thepu~-Ix~ses <br />of anv of the provisions of the Contract. neitha~ the Commission nor the Developer. as the case may <br />bc, nor anv successors in interest_ shall be considered in breach of or in default in its obli<~ations ~~~ith <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 cent ol~enibrced delay in the pcrlbrmance of such <br />obligations due to unt~nrsceable causes beyond its control and without its fault or ncr~li~cncc. These <br />include, but are not limited to_ acts of God, acts of the public enemy. acts of the federal ~~o~crnment_ <br />acts i~f the other party, tires, floods. epidemics, yuarantinc restrictions. strikes. fi~eight embargoes. <br />and unusual I~~ sc~crc ~~cather_ or delays of subcontractors due to such causes. The purpose and intent <br />of this provision is that in the e~ cnt of the occurrence o1 any such cnlbrced delay. the time or times <br />fbr perti~rmancc oi~the obligations ofthe Commission ~~~ith respect to the preparation of the Property <br />for de~~elohment or ofthe De~rloper ~~ ith respect to conch action of the Project as the case may be. <br />shall be extended for the period of the enforcal delays as determined by the Commission. "hhc party <br />seeking the benefit of the provisions of this paragraph shall. ~~~ithin ten (1 (1) days after the beginning <br />of the enforced delay, ha~~e {first notified the other part~~ thereof in ~i~riting and ~~} the cause orcauses <br />thereof and shall ha~~e reyuestcd an extension for the period of the enforced delay. <br />H. Ri~~hts and Remedies Cumulati~c. 'Chc rights and remedies of the parties to the <br />Conh~act. ~+'hcther prodded bx la~~ or by the Contract. shall he cumulati~c. ~hhe cxcrcisc by either <br />party of an}' one or more of such remedies shall not preclude the cxcrcisc. at the same or different <br />times, of anv other such remedies t~~r the same default or breach or of any of its remedies fbr anv <br />other default or breach by the other party. '\o ~~ai~ u' made b~~ either such party ~~ ith respect to the <br />performance. manner or time thereat: any obligation of the other party, or any condition to its own <br />14 <br />