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Property in a manner that provides adequate security to City for repayment of the City Loan or if <br />such proceeds are insufficient then Borrower shall have funded any deficiency, (b) City shall <br />have the right to approve plans and specifications for any major rebuilding and the right to <br />approve disbursements of insurance or condemnation proceeds for rebuilding under a <br />construction escrow or similar arrangement, and (c) no material default then exists under this <br />Note or the Deed of Trust. If the casualty or condemnation affects only part of the Property and <br />total rebuilding is infeasible, then proceeds may be used for partial rebuilding and partial <br />repayment of the City Loan in a manner that provides adequate security for repayment of the <br />remaining balance of the City Loan. <br />23. Force Maieure. <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; insurrection; strikes; lock -outs; <br />riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public enemy; <br />epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental <br />restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, <br />materials or tools; delays of any contractor or supplier; acts of the other party; acts or failure to <br />act of the City or any other public or governmental City or entity (except that any act or failure to <br />act of City shall not excuse performance by City); or any other causes beyond the reasonable <br />control or without the fault of the party claiming an extension of time to perform. An extension <br />of time for any such cause shall be for the period of the enforced delay and shall commence to <br />run from the time the party claiming such extension gives notice to the other party, provided <br />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 <br />Deed of Trust securing this Note, without any further act of Borrower. The assignee shall give <br />notice to Borrower as soon as practicable after such assignment. <br />13 <br />55C-94 <br />