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strikes, lockouts, pandemics, epidemics, shortages of labor, fuel or materials, acts of God, <br />enemy act, riot, insurrection or other civil commotion, fire or other casualty or any orders <br />of any governmental agency, court, or tribunal with jurisdiction over the Project, <br />Developers or the City ("Force Maj eure"), then the time for performance of such covenant <br />or obligation shall be extended by a reasonable time to accommodate such delay or <br />hindrance. The Party seeking the benefit of the provisions of this section shall, within thirty <br />(30) days after the beginning of any such delay, notify the other Party thereof in writing, <br />and the cause thereof, and provide information concerning the projected term of the delay. <br />II. Conflict of Interest: City's Representatives Not Individually Liable. No official or <br />employee of the City shall have any personal interest, direct or indirect, in this Agreement, <br />nor shall any such official or employee participate in any decision relating to this <br />Agreement which affects his or her personal interests or the interest of any corporation, <br />partnership, or association in which he or she is, directly or indirectly, interested. No <br />official or employee of the City or the Developers shall be personally liable to the <br />Developers or the City, as applicable, or any successor in interest, in the event of any <br />default or breach by the City of the Developers or for any amount or amounts which may <br />become due to the City or the Developers or any successor to the City or the Developers <br />or on any obligations under the terms and conditions of this Agreement. <br />JJ. Survival. The provisions of this Agreement shall survive any expiration or earlier <br />termination of the Agreement to the extent necessary to carry out the intent and <br />expectations of the Parties. <br />KK. Non -Waiver. Failure of City or Developers to complain of any act or omission on <br />the part of the other Party, however long the same may continue, shall not be deemed to be <br />a waiver by said Party of any of its rights hereunder. No waiver by City or Developers at <br />any time, express or implied, of any breach of any provision of this Agreement shall be <br />deemed a waiver of a breach of any other provision of this Agreement or a consent to any <br />subsequent breach of the same or any other provision. <br />LL. Approvals by City. Any provision of this Agreement requiring the approval of the <br />City, the satisfaction or evidence of satisfaction of the City, certificate or certification by <br />the City or the opinion of the City shall be interpreted as requiring action by the Mayor of <br />the City (or such other official as the Mayor of the City may from time to time designate) <br />granting, authorizing or expressing such approval, satisfaction, certification or opinion, as <br />the case may be, unless such provision expressly provides otherwise. <br />MM. Municipal Power. Nothing in this Agreement shall be construed to be in derogation <br />of the powers granted to the municipal corporations by Article XVIII of the Ohio <br />Constitution, including the right to protect the health, safety and welfare of its citizens. <br />NN. Further Assurances. The Developers shall take or cause to be taken any and all <br />other or further actions necessary or required of the Developers in order to effectuate any <br />of the terms and provisions herein. <br />25 <br />