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Tax Increments means the tax increments derived from the Development Property <br />which have been received and retained by the City in accordance with the provisions of <br />Minnesota Statutes, Section 469.177; <br />Unavoidable Delay means any delays, outside the control of the party claiming its <br />occurrence, which are the direct result of strikes, other labor troubles, unusually severe or <br />prolonged bad weather, acts of God, fire or other casualty to the Project, litigation <br />commenced by third parties which, by injunction or other similar judicial action or by the <br />exercise of reasonable discretion, directly results in delays, or acts of any federal, state or <br />local governmental unit (other than the City) which directly result in delays or any other <br />act or event (which does not include adverse market conditions) the risk of which was not <br />expressly assumed by the Developer in a contract with the party who was responsible for <br />the delay. With respect to any deadline set forth herein which is made subject to <br />Unavoidable Delays, time lost as a result of any Unavoidable Delays shall be added to <br />extend the deadline by the number of days lost as a result of the Unavoidable Delays. <br />1058683.RED <br />V5 to V4; 7/14/99 5 <br />PAGE 22 <br />