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"Tenant" means Distribution Alternatives, Inc., a Minnesota corporation. <br />"Unavoidable Delays" means delays beyond the reasonable control of the party seeking to <br />be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged <br />adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation <br />commenced by third parties which, by injunction or other similar judicial action, directly results in <br />delays, or acts of any federal, state or local governmental unit (other than the Authority in exercising <br />its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not <br />include delays in the Developer's obtaining of permits or governmental approvals necessary to <br />enable construction of the Minimum Improvements by the dates such construction is required under <br />Section 4.3 of this Agreement. <br />SJB-237079v2 <br />LN 140-81 <br />4 <br />