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Section 8. Remedies. Except as otherwise provided in this Agreement, in the event of breach of <br />this Agreement or any of its terms by the Company, the Company shall upon written notice from the <br />Village, proceed promptly to remedy such breach. In case such remedial action is not taken or not <br />diligently pursued within thirty (30) days of such written notice, the Village may institute such <br />proceedings at law or in equity as may be necessary or desirable in its opinion to remedy such breach. <br />Except as otherwise provided herein, the Company shall not be considered in default in its <br />obligations to be performed hereunder, if delay in the performance of such obligations is due to <br />unforeseeable causes beyond its control and without its fault or negligence, including but not limited to, <br />acts of God or of the public enemy, acts of the federal or state government, acts or delays of the Village, <br />fires, floods, unusually severe weather, epidemics, freight embargoes, unavailability of materials, strikes <br />or delays of contractors, subcontractors or materialmen, or other unforeseen events (but not including lack <br />of financial capacity) beyond the control of the Company and without its fault or negligence; it being the <br />purpose and intent of this paragraph that in the event of the occurrence of any such enforced delay, the <br />time or fumes for performance of such obligation shall be extended for the period of the enforced delay. <br />Section 9. This Agreement may be executed in one or more counterparts, each of which shall be <br />deemed an original, and all of which when taken together shall constitute one and the same document. <br />Page 7 of 14 <br />