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23. Force Majeure. <br />Notwithstanding specific provisions of this Note, performance hereunder shall not be <br />deemed to be in default where delays or defaults are due to: war; terrorism; insurrection; strikes; <br />lock -outs; riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public <br />enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; <br />governmental restrictions or priority; litigation; unusually severe weather; inability to secure <br />necessary labor, materials or tools; delays of any contractor or supplier; acts of the other party; <br />acts or failure to act of the City or any other public or governmental Agency or entity (except that <br />any act or failure to act of City shall not excuse performance by City); or any other causes beyond <br />the reasonable control, or without the fault of the party claiming an extension of time to perform. <br />An extension of time for any such cause shall be for the period of the enforced delay and shall <br />commence to run from the time the party claiming such extension gives notice to the other party, <br />provided notice by the party claiming such extension is given within thirty (30) days after the <br />commencement of the cause. Times of performance under this Note may also be extended in <br />writing by the City and the Borrower. <br />24. Assignments. <br />The City, and the assignee of the City, shall have the right to assign this Note and the Deed <br />of Trust securing this Note, without any further act of Borrower. The assignee shall give notice to <br />Borrower as soon as practicable after such assigmnent. <br />12 <br />