Events Beyond Control. Notwithstanding Section 8.1, it shall not be an Event of Default if the cause of the purported Event of Default arises from the failure to occur of one or more Development Contingencies (as defined in Section 8.3) or from unforeseeable causes beyond the reasonable control of the Developer. Examples of such causes include (a) acts of God or public enemy, (b) acts or failure to act, or delays in action, of HUD, the City, other funding bodies or other governmental entities in either their sovereign or contractual capacity, (c) acts or failure to act of another contractor (other than a contractor to the Developer) in the performance of a contract with the City, (d) fires, (e) floods, (f) strikes or labor disputes, (g) freight embargoes, (h) unavailability of materials, (i) unusually severe weather, (j) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without fault or negligence of the Developer , or (k) delay caused by litigation that is not between the City and the Developer.
Appears in 5 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
