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All representations and warranties of Buyer shall survive the execution and delivery of <br />this Agreement. <br />12. Events of Defauflt; Reaneclies. <br />(a) Except as otherwise provided in this Agreement, in the event of breach of any <br />terms or conditions of this Agreement by any Party, such Party shall, upon written notice from <br />the other Party, proceed promptly to cure or remedy such breach, and, in any event, shall <br />accomplish such cure or reinedy within thirty days after receipt of such notice (or if such default <br />is other than payment of money and is not amendable to cure within 30 days, shall commence to <br />cure the default within 30 days and thereafter diligently continue such cure to completion), <br />unless such default is one that would harm the non-defaulting Party if the defaulting Party were <br />allowed 30 days to cure. In case such action is not talcen within such time or in such manner, or <br />the default or breach shall not be cured or remedied witlun such time, then the Party asserting <br />breach may institute such proceedings at law or in equity as may be necessary or desirable in its <br />opinion to remedy such breach. <br />(b) Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the <br />other reinedies herein provided, or any other remedies provided by law or equity, nor shall <br />pursuit of any remedy herein provided constitute a forfeiture or waiver of any damages accruing <br />to a Party by reason of tlle violation of any of the other Party's obligations hereunder. <br />Forbearance Uy a party to enforce one or more of the remedies herein provided upon the <br />occurrence of an event of default shall not be construed to constitute a waiver of such default. <br />(c) Notwithstanding any other provisions in this Section 12, in the event Buyer fails <br />to construct the Facility by , Seller's sole remedies shall be the reversion of <br />the Property from Buyer to Seller as provided in Section 7. <br />(d) Except as otherwise provided herein, neither Party shall be considered in default <br />of its obligations to be performed hereunder, if delay in the performance of such obligations is <br />due to i.uiforeseeable causes beyond its control and without its fault, including but iiot limited to, <br />acts of God or of the public eneiny, acts of terrorism, acts of the Federal or state government, <br />acts or delays of the other Party, fires, floods, unusually severe weather, epideinics, freight <br />embargoes, unavailability of materials, strilces, or delays of contractors, subcontractors or <br />materialinen due to any of suclz causes; but not including laclc of financing or financial capacity <br />by Village or Library ("Force Majeure"), it being the purpose and intent of this paragraph that in <br />the event of the occuiTence of any such delay, the time or times for performance of such <br />obligations shall be extended for the period of the delay; provided, however, that the Party <br />seelcing the benefit of the provisions of this paragraph shall within 14 days after the beginning of <br />such delay, notify the other Party in writing thereof and of the cause thereof and of the duration <br />thereof, or, if a continuing delay and cause, the estimated duration thereof, and if the delay is <br />continuing on the date of notification, within 30 days after the end of the delay, notify the other <br />Pasty in writing of the duration of the delay. <br />13. Hike and Bike Trailo <br />9 <br />474370 v 05 \ 122504.0011