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H. The covenants and agreements contained herein shall run with the land and shall <br />remain in effect for the term of the Agreement. Upon the sale, conveyance or other transfer of the <br />Property (a "Transfer") and the assumption of the obligations hereunder by a transferee, <br />Developer’s liability for performance shall be terminated as to any obligation to be performed <br />hereunder after the date of such Transfer. <br /> <br />I. Upon a Transfer of the Property, the transferee will be obligated to meet with the <br />City prior to closing of the Transfer to review the terms of these Restrictions and requirements of <br />the transferee therein. Any failure of transferee to meet with the City or Agency as required <br />would constitute a default under these Restrictions. <br /> <br />J. The Agreement and all of its attachments shall be enforceable by the Agency in <br />accordance with the terms thereof. Each of the Loan Documents provide a means of <br />enforcement by the Agency if Developer is in breach of its obligations hereunder and thereunder, <br />including liens on the Property, deed restrictions and covenants running with the land. <br /> <br />K. <br />Force Majeure Events. Notwithstanding specific provisions of these Restrictions, <br />performance hereunder shall not be deemed to be in default where delays or defaults are due to: <br />war; terrorism; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; a legal challenge; <br />casualties; acts of God or other deities; acts of the public enemy; epidemics; quarantine <br />restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; <br />litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays <br />of any contractor or supplier; acts of the other party; acts or failure to act of the Agency or any <br />other governmental Authority or entity (except that any act or failure to act of Agency shall not <br />excuse performance by Agency); or any other causes beyond the reasonable control , or without <br />the fault of the party claiming an extension of time to perform (each a “Force Majeure Event”). <br />An extension of time for any Force Majeure Event shall be for the period of the enforced delay <br />and shall commence to run from the time the party claiming such extension gives notice to the <br />other party, provided notice by the party claiming such extension is given within thirty (30) days <br />after the commencement of the cause. Times of performance under these Restrictions may also <br />be extended in writing by the Agency and the Developer. <br /> <br /> <br /> <br /> <br /> <br /> <br />EXHIBIT 4