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14. FORCE MAJEURE. Whenever a Party has an obligation under this Agreement (other than <br /> with respect to the payment of money to a Party or to bankruptcy/insolvency), non- <br /> performance of the obligation by such Party shall be excused for, and the period of time <br /> for the performance of the obligation shall be extended by, the number of days that the <br /> performance is actually delayed due to (a) general strikes, (b) acts of God, (c) war, (d) <br /> terrorist acts, (e) civil disturbances, (f) floods, (g) earthquakes, (h) fires, (i) pandemics, (j) <br /> the failure of any governmental entity to approve and issue any business, occupancy, or <br /> special-use permit when the Party has submitted a complete application for such permit <br /> and such Party is legally entitled to approval and issuance based on the complete <br /> application, (k)failures or disruptions by non-Party utility providers such electric, gas, and <br /> internet providers, or (I) other causes beyond the reasonable control of the performing <br /> Party, and, with respect to NWS' performance, any delays incurred by NWS as a result of <br /> the nonperformance or delay by the City of any of its obligations hereunder, and, with <br /> respect to the City's performance, any delays incurred by the City as a result of the <br /> nonperformance or delay by NWS of any of its obligations hereunder ("Force Majeure"). <br /> Any Party claiming a right to a Force Majeure extension shall notify the other Party in <br /> writing immediately of the claimed right to an extension and the specific claimed basis <br /> for the extension. Any extension of time under this Section 14 is in addition to the cure <br /> periods provided under Sections 15 and 16 below or elsewhere in this Agreement. In the <br /> event of Force Majeure occurring after the completion of the NWS Initial Project that is <br /> beyond the reasonable control of NWS and that causes NWS to be completely unable to <br /> operate its business on the Ballfield Property, then, effective on written notice thereof <br /> from NWS to the City, NWS is not obligated to pay monthly fees or utility payments until <br /> such Force Majeure no longer causes NWS to be completely unable to operate its business <br /> on the Ballfield Property, with monthly fees and utility payments for portions of a month <br /> prorated daily. <br /> 15. NWS EVENT OF DEFAULT. Each of the following occurrences is an "NWS Event of <br /> Default": <br /> (a) Payment Default. It is an NWS Event of Default for NWS to fail to pay to the City <br /> the monthly fee or utility payments or any other amount due under this <br /> Agreement if such failure continues for a period of more than ten (10) days after <br /> the City has delivered to NWS written notice thereof. If the total outstanding <br /> amount including interest of NWS Event(s) of Default under this subsection (a) <br /> exceeds $15,000, then the City may elect one or more of the following options: <br /> i. The City may turn off water, sewer, electricity and/or gas service to the <br /> Ballfield Property until overdue amounts are paid in full. <br /> ii. The City may seek judgment from a court of competent jurisdiction for the <br /> overdue amounts. <br /> iii. The City may deliver a notice of termination as set forth below in this <br /> Section 15. <br /> 8 <br />