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The Company hereby agrees that in the event of a failure by the Company for any <br />reason to make any Service Payment when due, which failure shall occur and continue for a period <br />of 360 days, the Village, at its option shall have the right to cause the real property tax exemption to <br />be terminated. The Village shall accomplish such termination of the tax exemption by submitting <br />its written request for such termination to the Cuyahoga County Auditor and the State Tax <br />Commissioner, together with the Village's certification as to the amount of delinquent Service <br />Payments and the period of delinquency, together with a copy of this Agreement. A copy of such <br />Village request for termination of the tax exemption shall be provided to the Company. If the <br />Company has not fully cured the default in making Service Payments within 90 days from receipt <br />of such Village request for termination, the Company agrees that the County Auditor and State Tax <br />Commissioner and the Village shall terminate said real property tax exemption, retroactively to the <br />tax exemption year for which the Company has failed to make the service payments. The Company <br />also agrees to be obligated for and agrees to pay any interest and penalty that would be due and <br />owing with respect to the real property taY payments due and payable for such ta.Y exemption year <br />or years to which the tax exemption has been retroactively terminated. <br />Except as otherwise provided herein, the Company shall not be considered in default in <br />its 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 <br />limited to, acts of God or of the public enemy, acts of the federal or state government, acts or delays <br />of the Village, fires, floods, unusually severe weather, epidemics, freight embargoes, unavailability <br />of materials, strikes or delays of contractors, subcontractors or materialmen, or other unforeseen <br />events (but not including lack of financial capacity) beyond the control of the Company and without <br />its fault or negligence; it being the purpose and intent of this paragraph that in the event of the <br />-8- <br />