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<br />ORDINANCE NO. NS-2106 <br /> <br />103- <br /> <br />thirty (30) days notice, for the purposes of determining the exact <br />modification or suspension which is required by such law, <br />ordinance, rule, policy or regulation. It is the express intent of <br />the parties to modify the Development Agreement to allow for the <br />development of the Development in as close conformity to the terms <br />and conditions of this Development Agreement as reasonably <br />possible. Nothing herein shall preclude Developer from challenging <br />the conflicting law, rule, regulation or policy. <br /> <br />19. Enforced Delav and Extension of Times of <br />Performance. In addition to specific provisions of this <br />Development Agreement, performance by either party hereunder shall <br />not be deemed to be in default where delays or defaults are due to: <br /> <br />(i) War, insurrection, civil commotion., riot, flood, <br />severe weather, earthquake, fire, casualty, acts of public enemy, <br />acts of God, governmental restriction, litigation (including, <br />without limitation, litigation contesting the validity, or seeking <br />the enforcement or clarification of, this Development Agreement <br />whether instituted by Developer, the city or any other person ,or <br />entity), acts or failures to act of any governmental agency or <br />entity; <br /> <br />(ii) Inability to secure necessary labor, materials <br />or tools, strikes, lockouts, other labor disputes, or delays of any <br />contractor, subcontractor or supplier; or <br /> <br />(iii) Inability to obtain and consummate necessary <br />financing, or delays of any lender or third party relating thereto. <br /> <br />An extension of time in writing for any such cause shall be granted <br />for the period of the enforced delay, or longer as mutually agreed <br />upon, which period shall commence to run from the time of <br />commencement of cause. <br /> <br />20. Notices. Any notice or instrument required to be <br />given or delivered to either party to the Development Agreement may <br />be given or delivered by depositing the same in the united States <br />mail, certified mail, postage prepaid, addressed to: <br /> <br />city: <br /> <br />City of Santa Ana <br />20 civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: <br /> <br />Developer: <br /> <br />PacTel Properties <br />200 E. Sandpointe Avenue, <br />Suite 660 <br />Santa Ana, California 92707 <br />Attn: Timothy J. Mulrenan <br />Vice President <br /> <br />13 <br />