Common use of Enforced Delay Clause in Contracts

Enforced Delay. In addition to specific provisions of this Agreement, performance by either party hereunder with respect to the Closing shall not be deemed to be a Breach, and all performance and other dates specified in this Agreement (excluding the Outside Closing Date, which shall be extended only as provided in Section 7.6) shall be extended where delays with respect to the Closing are due to litigation challenging the validity of this transaction or any element thereof or the rights of either party to engage in the acts and transactions contemplated by this Agreement, acts or omissions of the other party; acts or failure to act of the City or any public or governmental agency or entity (other than acts or failures to act of the Successor Agency which shall not excuse performance by the Successor Agency) (“Enforced Delay”). Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for a period reasonably attributable to the Enforced Delay and shall commence to run from the time of commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times and performance under this Agreement may also be extended in writing by the mutual agreement of the parties.