Common use of Enforced Delay; Extension of Times of Performance Clause in Contracts

Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Development Agreement, all deadlines under this Agreement, shall be extended; and the performance by any Party of its obligations under this Agreement shall not be deemed to be in Default, and the time for performance of such obligation shall be extended where delays or default are due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, acts of terrorism, governmental restrictions or permitting delays imposed or mandated by governmental entities other than the Town, litigation brought by a third party, or referenda challenging any of the Project Approvals (each a “Force Majeure Event”). If written notice of such delay is given to Town within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted by the Town Manager in writing for the period of the enforced delay, or longer as may be mutually agreed upon, provided that in no event shall such period of delay extend for more than one-hundred and eighty (180) days unless agreed upon in writing by the parties. In any event, the party relying on any such Force Majeure Event to excuse performance hereunder shall act in good faith, and with due diligence, to recommence performance at the earliest possible date.