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7.A. - Page 189 <br /> Unavoidable Delay shall exercise its commercially reasonable best efforts to cure the condition <br /> causing the Unavoidable Delay, within a reasonable time. <br /> 8.15.2 ASSUMPTION OF ECONOMIC RISKS. EACH PARTY <br /> EXPRESSLY AGREES THAT ADVERSE CHANGES 1N ECONOMIC CONDITIONS, OF <br /> EITHER PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES 1N <br /> MARKET CONDITIONS OR DEMAND OR CHANGES 1N THE ECONOMIC <br /> ASSUMPTIONS OF EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR <br /> ENTERING 1NT0 THIS AGREEMENT SHALL NOT OPERATE TO EXCUSE OR DELAY <br /> THE PERFORMANCE OF EACH AND EVERY ONE OF EACH PARTY' S OBLIGATIONS <br /> AND COVENANTS ARISING UNDER THIS AGREEMENT. ANYTHING 1N THIS <br /> AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY <br /> ASSUME THE RISK OF UNFORESEEABLE CHANGES 1N ECONOMIC <br /> CIRCUMSTANCES AND/OR MARI�ET DEMAND/CONDITIONS AND WAlVE, TO THE <br /> GREATEST LEGAL EXTENT, ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED <br /> 1N WHOLE OR 1N PART ON ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED <br /> ECONOMIC CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR <br /> THEORIES. THE PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC <br /> CONDITIONS, EITHER OF THE PARTY SPECIFICALLY OR THE ECONOMY <br /> GENERALLY, OR CHANGES 1N MARI�ET CONDITIONS OR DEMANDS, SHALL NOT <br /> OPERATE TO EXCUSE OR DELAY THE STRICT OBSERVANCE OF EACH AND EVERY <br /> ONE OF THE OBLIGATIONS, COVENANTS, CONDITIONS AND REQUIREMENTS OF <br /> THIS AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE RISK OF SUCH <br /> ADVERSE ECONOMIC OR MARKET CHANGES, WHETHER OR NOT FORESEEABLE <br /> AS OF THE EFFECTNE DATE. NOTHING CONTAINED 1N THIS SECTION 8.15.2 <br /> SHALL BE DEEMED TO PRECLUDE THE GOVERNING BODY OF THE CITY, 1N ITS <br /> DISCRETION AND UPON WRITTEN REQUEST OF THE DEVELOPER, TO AMEND THIS <br /> AGREEMENT OR THE SCHEDULE OF PERFORMANCE TO ADDRESS PRO7ECT <br /> DELAYS CAUSED BY CHANGES 1N THE ECONOMY GENERALLY OR CHANGES 1N <br /> MARKET CONDITIONS OR DEMANDS. THE PARTIES AGREE TO WORK <br /> COOPERATNELY WITH EACH OTHER 1N SUCH CIRCUMSTANCES, PROVIDED <br /> HOWEVER, THE PARTIES ACKNOWLEDGE THAT THE GOVERNING BODY OF THE <br /> CITY SHALL RETAIN FULL DISCRETION TO CONSIDER ANY SUCH AMENDMENT <br /> TO THE AGREEMENT OR THE SCHEDULE OF PERFORMANCE. <br /> Initials of Authorized Initials of Authorized <br /> Representative(s) of City Representative(s) of Developer <br /> 8.16 Real Estate Commissions. The City shall not be responsible for any real estate <br /> brokerage or sales commissions, finder fees or similar charges that may arise from or be related <br /> to this Agreement. The Developer shall be solely responsible for any real estate brokerage or <br /> sales commissions, finder fees or similar charges that may arise from or be related to this <br /> Agreement that are claimed by any Person engaged by the Developer relating to the Site, the <br /> Project or this Agreement. Further, the Developer shall Indemnify the City from any such claims <br /> for real estate brokerage or sales commissions, finder fees or similar charges, in accordance with <br /> Section 7.8. <br /> 82483.00009\7571312.11 61 <br /> ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM <br /> REV: 07-19-13 PT <br />