An agreement with the Pokagon Band of Potawatomi Indians

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9. Force Mkeure. The Band Parties and the City shall not be excused from the performance of any of their obligations under this Agreement except when such performance is prevented by causes which are beyond the reasonable control and without the fault of the party affected, such as acts of God, war, terrorism, civil unrest, labor shortages and acts of a government in its sovereign capacity. The party whose performance is delayed shall promptly notify the other party of any such cause for nonperformance and, upon such notification, such party's performance shall be excused on a day -to -day basis only for the duration of the cause of non - performance and only to the extent that performance is actually prevented provided, however, that such party diligently pursues all reasonable; efforts to eliminate the cause of non - performance. Where the performance of one party is excused, the performance of the other parties shall likewise be excused and all parties shall promptly resume performance upon the cessation of the cause of non - performance. 10. Term and Breach. This Agreement shall remain in full force and effect for ninety - nine (99) years and may only be terminated by the City due to a breach of material terms of this Agreement by a Band Party after first providing both Band Parties with a written notice of default and an opportunity to cure the default within thirty (30) clays from the date of such notice. The Band Parties' remedies for a breach of ;Material terms of this Agreement by the City include, without limitation, specific performance. If the City breaches its duty to provide water to Site Customers, as required by this Agreement, the Band Parties may obtain water from an alternative source including, without limitation, another municipal water supply system or a private water supply system located on the Site. In the event the Band Parties obtain water from an alternative source, as permitted in this subsection, or upon the expiration or termination of this Agreement, the City shall dedicate to the Band the public portion of the water system and sewer system located within the easements granted to the City on the Site, including the lift station and all other improvements. 11. Limitation on Liability. The Band Parties and the City may recover monetary damages incurred as a result of any material breach of this Agreement, including the failure of the Band Parties to complete their obligations related to the Full Build -Out Phase; provided, however, that in no event shall any party be liable for any special, incidental, consequential, or punitive damages. 12. Dispute Resolution. The Band Parties and the City shall resolve every controversy, question, claim, or dispute between the Band Parties and the City that arises out of this Agreement, including the validity of this Agreement ( "Dispute ") in accordance with the requirements of Subsections 17(a) through 17(d) of the Local Agreement, which provisions are incorporated herein and made a part of this Agreement as if restated herein in their entirety. Page 12 of 16