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201407626
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Last modified
12/11/2014 12:27:15 PM
Creation date
12/3/2014 2:54:11 PM
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DEEDS
Inst Number
201407626
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Section 7.04 Forced Delay Beyond Party's Control. <br />201407626 <br />For the purposes of any of the provisions of this Redevelopment Contract, neither the <br />Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be <br />considered in breach of or default in its obligations with respect to the conveyance or preparation <br />of the Redevelopment Project Area and Enhanced Employment Act Area or any part thereof for <br />redevelopment, or the beginning and completion of construction of the TIF Project and Enhanced <br />Employment Act Area Project, or progress in respect thereto, in the event of forced delay in the <br />performance of such obligations due to unforeseeable causes beyond its control and without its <br />fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of <br />the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, <br />freight embargoes, and unusually severe weather or delays in subcontractors due to such causes <br />or delays in the issuance of any necessary permits and other governmental approvals; it being the <br />purpose and intent of this provision that in the event of the occurrence of any such forced delay, <br />the time or times for performance of the obligations of the Authority or of the Redeveloper with <br />respect to construction of the Master Project, as the case may be, shall be extended for the period <br />of the forced delay: Provided, that the party seeking the benefit of the provisions of this section <br />shall, within thirty (30) days after the beginning of any such forced delay, have first notified the <br />other party thereto in writing, and of the cause or causes thereof and requested an extension for <br />the period of the forced delay. <br />Section 7.05 Limitations of Liability; Indemnification. <br />Notwithstanding anything in this Article VII or this Redevelopment Contract to the <br />contrary, neither the City, the Authority, nor their respective elected officials, officers, directors, <br />appointed officials, employees, agents nor their governing bodies shall have any pecuniary <br />obligation or monetary liability under this Redevelopment Contract. The sole obligation of the <br />Authority under this Redevelopment Contract shall be the issuance of the TIF Indebtedness and <br />Enhanced Employment Act Indebtedness and granting of a portion of the proceeds thereof to <br />Redeveloper, and full compliance with the terms specifically set forth in this Agreement and <br />payment of TIF Revenues and Enhanced Employment Act Revenues pledged pursuant to the <br />Resolution. The Redeveloper releases the City and Authority from, agrees that neither the City <br />nor Authority shall be liable for, and agrees to indemnify and hold the City and Authority <br />harmless from any liability for any loss or damage to property or any injury to or death of any <br />person that may be occasioned by any cause whatsoever pertaining to the Master Project. <br />Redeveloper agrees to indemnify and hold City and Authority harmless to the extent of <br />any payments in connection with carrying out completion of the Enhanced Employment Act <br />Project the City may make, for failure of Redeveloper to make payments of all amounts lawfully <br />due to all persons, firms, or organizations who performed labor or furnished materials, <br />equipment, or supplies used in construction of the Enhanced Employment Act Project. <br />Redeveloper agrees to indemnify and hold City and Authority harmless for failure of <br />Redeveloper to make payments of all amounts lawfully due to all persons, firms, or organizations <br />under the Relocation Laws in connection with or implementation of the Master Project within the <br />Northwest Commons — Grand Island Mall, 2228 N Webb Rd <br />
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