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...... .. . . . . .._ .. . . ....... ..I. ._. ... ..._... ._... .. .. . . ... <br /> the occurrence of an Unavoidable Delay. Any Party claiming an Unavoidable Delay shall Notify <br /> the other Party: (a)within ten(10) days after such Party knows of any such Unavoidable Delay; <br /> and (b)within five (5) days after such Unavoidable Delay ceases to exist. To be effective, any <br /> Notice of an Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The <br /> extension of time for an Unavoidable Delay shall commence on the date of receipt of written <br /> Notice of the occurrence of the Unavoidable Delay by the Party not claiming an extension of <br /> time to perform due to such Unavoidable Delay and shall continue until the end of the condition <br /> causing the Unavoidable Delay. The Party claiming an extension of time to perform due to an <br /> ' Unavoidable Delay shall exercise its connmercially reasonable best efforts to cure the condition <br /> causing the Unavoidable Delay,within a reasonable time. <br /> $.15.2 ASSUMYTION OF ECONOMIC RISKS. EACH PARTY <br /> EXPRESSLY AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, OF <br /> EITHER PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN <br /> MARKET CONDITIONS OR DEMAND OR CHANGES IN THE ECONOMIC <br /> ASSUMPTIONS OF EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR <br /> ENTERING INTO 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 IN THIS <br /> AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY <br /> ASSUME THE RISK OF UNFORESEEABLE CHANGES IN ECONOMIC <br /> : CIRCUMSTANCES AND/OR MARKET DEMAND/CONDTTIONS AND WAIVE, TO THE <br /> ! GREATEST LEGAL EXTENT, ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED <br /> IN WHOLE OR IN PART ON ECONOMIC NECESSITY, IMPRACTICABILTTY, CHANGED <br /> ECONOMIC CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR <br /> . THEORIES. THE PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC <br /> CONDTTIONS, ETI'HER OF THE PARTY SPECIFICALLY OR 'THE ECONOMY <br /> ! GENERALLY, OR CHANGES IN MARKET CONDTTIONS 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 REQUIl2EMENTS 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 EFFECTIVE DATE. NOTHING CONTAINED IN THIS SECTION 8.15.2 <br /> SHALL BE DEEMED TO PRECLUDE THE GOVERNING BODY OF THE CITY, IN TTS <br /> DISCRETION AND UPON WRTI'TEN REQUEST OF THE DEVELOPER, TO AMEND THIS <br /> AGREEMENT OR THE SCHEDULE OF PERFORMANCE TO ADDRESS PROJECT <br /> ' DELAYS CAUSED BY CHANGES IN THE ECONOMY GENERALLY OR CHANGES IN <br /> MARKET CONDITIONS OR DEMANDS. THE PARTIES AGREE TO WORK <br /> COOPERATNELY WITH EACH OTHER IN SUCH CIl2CUMSTANCES, 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 P ORMANCE. <br /> , <br /> Initials of Authorized Initi s of Authorized <br /> Representative(s)of City R resentative(s)of Developer <br /> 61 <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-2613 PT <br />