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D. Section 5.05 of the Contingent Ground Lease is hereby amended to read as <br />follows: <br />Section 5.05. Time for Completion <br />Tenant shall cause construction of the Community Center to be commenced in <br />accordance with the Schedule for Completion, provided by the Tenant not later <br />than November 1, 2010, subject to any further extension which shall be approved <br />by the City Manager and Agency Executive Director. Tenant shall further cause <br />construction of the Community Center to be diligently pursued without <br />unnecessary interruption, and shall cause the Community Center to be completed <br />and ready for occupancy not later than eighteen (18) months after commencement <br />of its construction. The time of performance by either party hereunder shall be <br />extended where delays are due to war; insurrection; strikes; lockouts; labor disputes; <br />riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; <br />epidemics; quarantine restrictions; freight embargoes; lack of transportation; <br />governmental restrictions or priority; litigation including, but not limited to, <br />litigation challenging the validity of this transaction or any element thereof (except <br />condemnation); severe weather; inability to secure necessary labor, materials or <br />tools; delays of any contractor, subcontractor, or supplies; acts of the other party; <br />acts or failure to act of the City or any other public or governmental agency or entity <br />(other than acts or failure to act of the City shall not excuse performance by the <br />City); or any other cause beyond the control, or without the fault of the party <br />claiming an extension of time to perform; provided that notice by the party claiming <br />such extension is sent to the other party within thirty (30) days of the <br />commencement of the cause. Any such extension shall be for the duration of the <br />cause of the delay. <br />E. Except as expressly provided in this Amendment, all terms and conditions <br />of the Contingent Ground Lease shall remain in full force and effect. <br />IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and year <br />first above written. <br />ATTEST: <br />Maria D. Huizar <br />Clerk of the Council <br />CITY OF SANTA ANA, a charter city <br />David N. Ream <br />City Manager