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"Unavoidable Delays" means delays beyond the reasonable control of the party seeking <br />to be excused as a result thereof which are the direct result of strikes, other labor troubles, <br />prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, <br />litigation commenced by third parties which, by injunction or other similar judicial action, <br />directly results in delays, or acts of any federal, state or local governmental unit (other than the <br />Authority in exercising its rights under this Agreement) which directly result in delays. <br />Unavoidable Delays shall not include delays in the Developer's obtaining of permits or <br />governmental approvals necessary to enable construction of the Minimum Improvements by the <br />dates such construction is required under Section 4.3 of this Agreement, unless (a) Developer has <br />timely filed any application and materials required by the City for such permit or approvals, and <br />(b) the delay is beyond the reasonable control of the Developer. <br />SJB-258192v3 <br />LN 140-89 <br />