#2950- Deed; WARRANTY DEED Parcel “A” Beginning At SE Corner Of Lot 166 Then W Along S Line Of Lot 166 For 122’ Then NE To A Point On The North Line Of Lot 166 And 69’ W Of The NE Corner Of Lot 166 (part 1)

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to such mortgage !_'ens _nd 1_aseho?d in:erescs as provided in Sec -lion VT, carayrap.. `.e_-eof j l--s successcrS _n i mere_ _ an _gns, i. _..e _ _spa_-_', c' t? e reVesL:.. _' Cle �.. %._e C? -'_!. r:_i delay = y Eh-_ -_ -i 1n In S I _L i1 , or _ _� sec u__ng any su ac-icns or prcce_d_'� g z_ other ise asse_zir.g I_ :s righ :.:der th_s Section X s_11 no- operate as a waiver cf such rights or to deprive it of cr such rights in any way. This provision intends that the City s:_ould not be constrained, so as to avoid the risk of being depr_ved of or limited in t::e exercise of the re?red_i provided in this paragraph because of concepts of waiver, lathes, or otherwise, to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved; nor stall any waiver in fact made by the City with respect to any specific default by the Developer under this paragraph be considered or treated as a waiver of the city's rights to any other defaults by the Developer under this paragraph or with respect to the particular default except to the extent specifically waived in writing. H. Enforced Delay in Performance_ for Causes Beyond Control of Party. For the purposes of any of the provisions of the Agreement, neither the City nor the Developer, as the case may be, nor any successors in interest, shall be considered in breach of or in default in its obligations with respect to the preparation of the Property for the Project, or the beginning and completion of construction, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence. These include, but are not limited to, acts of God, acts of the public enemy, acts of the federal government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors due to such causes. The purpose and intent of this provision is that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City with respect to the preparation of the Property for development or of the Developer with respect to construction of the Project as the case may be, shall be extended for the period of the enforced delays as determined by the City: Provided, That the party seeking the benefit of the provisions of this paragraph shall, within ten (10) days after the beginning of the enforced delay, have first notified the other party thereof in writing and of the cause or causes thereof, and shall have requested an extension for the period of the enforced delay. 1. Riahts and Remedies Cumulative. ^e rights and remedies of "'-e parties to tie Agreement, whether orcvided by law or by the Agreement, shall be cum -dative. The exercise by ei:ner party of any one or more cf such remedies shall n�- preclude the exercise, at t o same or different times, of any cther such remedies for