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<br />-, with respect to any other defaults by the Redeveloper under this Section or
<br />with respect is the *~:rticular default except to the extent specifically
<br />waived in writing.
<br />SEC. 707. Enforced Aelsy in Performance for Causes Beyond Control of
<br />P~~t. For the purposes of any of the provisions of the Agreement, neither
<br />the Agency nor the Redeveloper, as the case may be, nor any successor in
<br />interest, shall be considered in breach of, or default in, its obligations
<br />with respect~to the preparation of the Property Por redevelopment, or the
<br />beginning and completion bf construction of the Improvements, or progress in
<br />respect thereto; in tihe event of enforced delay in the performance of such
<br />' Obligations due to unforeseeable ~~ausea beyond its control and without Sts
<br />fault or negligence, including, but not restricted to, acts of God, sets of
<br />the public enemy, acts of the Federal Government, acts of the other party,
<br />fires, floods, epidemics, quarantine restrictions, strikes, freight,
<br />embargoes, and unusually severe weather or delays of subcontrnetors due to
<br />such causes; it being the purpose and intent of this grovision that in the
<br />event of the occurrence of any such enforced delay, the time or times for
<br />performance of the obligations of the Agency with respect to the preparation
<br />of the Property for redevelopment or of the Redeveloper with respect to
<br />oorstrvttion of the Impro~zmeats, as the case may be, shall be extended for
<br />the period of the enforced delay as determined by the Agency: Provided,
<br />That the party seeking the benefit of the provisions of this Section shall,
<br />within tea (10} days after the beginning oP any such enforced delay, have
<br />first notified Lhe other party thereof in writing, and of the cause or
<br />causes thereof, sad requested as extension for the period of the enforced delay.
<br />SEC. 708. Rights and Remedies Cumulative. The rights and remedies of
<br />the parties to the Agreement, whether providtd by law or by the Agreement
<br />shall be cumulative, and the exercise by either party of any one or more of
<br />such remedies shall net preclude the exercise by it, at the same or
<br />different times, of any other such remedies for the same default or breach
<br />or of any of its remedies far say other default or breach by the other party.
<br />No waiver made by either such party with respect to the performance, or
<br />manner ox tia~ thereof, or any obligation of the ether party or any
<br />condition to its own obli~,ation under the Agreement shall be considered a
<br />waiver of 'any rights of the party making the waiver with respect to the
<br />particular obligation of the other gamy or condition to its awn obligation
<br />beyond those expressly waived in writing and to the extent thereof, or n
<br />giver i any ras,.:.ct is regard to any of her rig:.ta of the party making the
<br />+.~iver or-~ other obligations sf the other party.
<br />SEC, T09. part 1n Position of Surety With Respect to Obligations.
<br />The I~edaveloper, for taelf and its successors and assigns, and for all
<br />other persarns who are or who shall became, whether by express or implied
<br />assumption or otherwise, liable upon or subject to aay obligation or burled
<br />under the Agreement, hereby naives, to the fullest extent permitted by law
<br />and equity, any and all claims or defenses otherwise available on the ground
<br />of ite (ar their) bring or having become a person in the position of a
<br />surety, vt~ether real, personal, or otherwise or whether by agreement or
<br />operation of law, including, without limitation on the generality of the
<br />faregoing, any and all claims and defenses based upon extension of time,
<br />indulgence, or modification of texas of contract.
<br />- 19 -
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