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10.6 Non-Discrimination. The Developer shall not discriminate against any person, or group of
<br />persons, on account of race, color, creed, sex, age, religion, national origin, marital status,
<br />handicap, having children or ancestry in the sale, lease sublease, transfer, use, occupancy, tenure
<br />or enjoyment of all of any part of the Vertical Improvements, or in the design and construction of
<br />Infrastructure Improvements.
<br />
<br />10.7 Approval. Whenever this Agreement requires the City or the Developer to approve any
<br />contract, document, plan, specification, drawing or other matter, such approval shall not be
<br />unreasonably withheld, delayed or conditioned. The Developer and the City shall perform all
<br />obligations imposed upon them under this Agreement in a reasonable, prompt and timely
<br />fashion.
<br />
<br />10.8 Force Majeure. Subject to providing written notice of such an event and the party's intention
<br />to exercise the applicability of this provision, no party to this Agreement shall be deemed in
<br />default, and the time for performance of any required act hereunder shall be extended for such
<br />period, where such a default is based on a delay in performance as a result of war, acts of
<br />terrorism, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualty, hurricane, acts
<br />of God, epidemic, quarantine restrictions, freight embargo, shortage of labor or materials,
<br />interruption of utilities service, lack of transportation, government restrictions of priority,
<br />litigation, and other acts or figures beyond the control or without the control of either party;
<br />provided, however, that the extension of time granted for any delay caused by any of the
<br />foregoing shall not exceed the actual period of such delay, and in no event shall any of the
<br />foregoing excuse any financial inability of a party.
<br />
<br />10.9 Notices. All notices to be given hereunder shall be in writing and personally delivered or
<br />sent by registered or certified mail, return receipt requested, or delivered by an air courier service
<br />utilizing return receipts to the parties at the following addresses (or to such other or further
<br />addresses as the parties may designate by like notice similarly sent) and such notices shall be
<br />deemed given and received for all purposes under this Agreement three (3) business days after
<br />the date same are deposited in the United States mail, if sent by registered or certified mail, or
<br />the date actually received if sent by personal delivery or air courier service, except that notice of
<br />a change in address shall be effective only upon receipt.
<br />
<br />City:
<br />
<br />Rick Conner, City Attorney
<br />City of Sunny Isles Beach
<br />18070 Collins Avenue, 4th Floor
<br />Sunny Isles Beach, FL 33160
<br />
<br />With a copy to:
<br />
<br />Hans Ottinot, City Attorney
<br />City of Sunny Isles Beach
<br />18070 Collins Avenue, 4th Floor
<br />Sunny Isles Beach, FL 33160
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