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<br />(b) Except as otherwise provided herein, Developer shall not be considered in <br />default in its obligations to be performed hereunder (other than its obligations to make Service <br />Payments), if delay in the performance of such obligations is due to unforeseeable causes beyond <br />its control and without its fault or negligence, including, but not limited to, acts of God, acts of <br />the federal or state government, acts or delays of the City, fires, floods, unusually severe <br />weather, epidemics, rreight embargoes, unavailability of materials, strikes of contractors, <br />subcontractors or material men, or other unforeseen events (but not including lack of financial <br />capacity or failure to comply with all applicable City building, zoning, fire or safety codes) and <br />other causes beyond the control of Developer ("Force Majeure"). It is the purpose and intent of <br />this subsection that in the event of the occurrence of any unforeseen delay, the time or times for <br />performance of such obligation shall be extended for the period of the unforeseen delay. <br /> <br />9. Notices. All notices and formal requests or demands required or <br />appropriate hereunder shall be personally delivered, sent by overnight courier or sent by <br />registered or certified mail and shall be deemed to have been served or given when personally <br />delivered, sent by overnight courier or enclosed in a properly sealed and addressed envelope or <br />wrapper, and deposited postage prepaid in a post office, branch post office or post office box <br />regularly maintained by the United States Postal Service. Notices are to be addressed as follows: <br /> <br />lfto the City: <br /> <br />City of Lakewood, Ohio <br />Director of Law <br />12650 Detroit Avenue <br />Lakewood, Ohio 44107 <br /> <br />With a copy to: <br /> <br />Harold W. Babbit, Esq. <br />Calfee, Halter & Griswold LLP <br />1400 McDonald Investment Center <br />800 Superior Avenue <br />Cleveland, Ohio 44114-2688 <br /> <br />or to such other person or place as the City may designate in writing; <br /> <br />If to Developer: <br /> <br />Phil Vedda <br />11730 Detroit Avenue <br />Lakewood, Ohio 44107 <br /> <br />With a copy to: <br /> <br />Sean Gregor <br />842 Corporate Way, Suite 850 <br />Westlake, OH 44145 <br /> <br />5 <br />