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7.B Page 55 The Pauls Corporation 3855 Lewiston Street, Suite 100 A urora, CO 8001 1 Fax: (303)371-1465 Attn: Chris Manley 8.2 Conflict of Interests. No member, official or employee of the City shall make any decision relating to this Agreement which affects his or her personal interests in any corporation, partnership or association in which he or she is directly or indirectly interested. 8.3 Non-Liability of City Officials. Employees and Agents. No member, official, employee or agent of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Developer or successor on any obligation under the terms of this Agreement. 8.4 Enforced Delay. In addition to other specific provisions of this Agreement, nonperfoxmance by either Party shall not be deemed to be a default where delays or defaults are due to war; insurrection; strikes, lock-outs or other labor disturbances; shortages of materials and supplies or delivery interruptions; riots; floods; earthquakes; frres; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions (excluding those imposed by City); litigation (including suits filed by third parties concerning or arising out of this Agreement or suits (except suits filed by the Parties) challenging City approvals for the Project; weather or soils conditions which will necessitate delays; acts of the other Party; acts or failure to act of any public or governmental agency or entity (other than the acts or failure to act of the City); or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. The Party claiming such extension shall send written notice of the extension to the other Party within'thirty (30) days from the commencement of the cause and a written extension of time for such cause shall be granted for the period of the enforced delay and the Term of this Agreement shall be extended by amendment in accordance with Section 7.1. 8.5 Cooperation in Litigation. Developer, the City, and Developerls contractors shall have an affmnative duty to cooperate with one another in the conduct of any suit arising from this Agreement or from construction, operation or management of the Property pursuant to this Agreement; provided) A TTY/AGR/2008.013 022708 19