Laserfiche WebLink
<br />4839-8767-9929\8 <br />EXHIBIT D <br />COVID-19 EXHIBIT <br />Interstate and HRA agree to work in good faith to perform their obligations under this Land Swap <br />Agreement within the stated timelines herein, with both parties acknowledging that the evolving <br />circumstances of the coronavirus/COVID-19 may result in unknown or unforeseen events, delays, closings, <br />or cancellations beyond the control of the parties. Interstate and HRA understand and acknowledge that the <br />unprecedented global COVID-19 pandemic may make the performance of the Land Swap Agreement <br />within the specific timelines set forth impossible or impracticable. Government entities have issued <br />restrictions on certain travel, requirements for self-isolation, and closure of government and private offices <br />whose services may be required to fulfill the terms of the Land Swap Agreement including, but not limited <br />to, funding, closing, and recording real estate transactions. <br />For Purposes of this Addendum or Amendment, “COVID-19 Related Event” means: <br />1. Quarantine ordered by a government authority or an attending physician; <br />2. Hospitalization of key individuals acting on behalf of Interstate or HRA, due to COVID-19 <br />illness; <br />3. Inability of Interstate or HRA to access the services of other persons or entities to fulfill the terms <br />agreed to in the Land Swap Agreement as a result of COVID-19 pandemic restrictions, including <br />but not limited to, agents, attorneys, title or property insurers, inspectors, or governmental <br />entities; or <br />4. A similar unforeseen impediment related to the COVID-19 pandemic that is outside the <br />reasonable knowledge or control of the delayed party. <br />The parties acknowledge that more time may be needed to complete various clauses of this Land Swap <br />Agreement. For the above reasons, Interstate and HRA hereby agree to amend or add the following <br />provision(s) to the Land Swap Agreement: <br />Buyer and Seller agree to extend all deadlines in the Land Swap Agreement by thirty (30) Calendar Days <br />if either party provides written notice of the COVID-19 Related Event to the other party, or licensee <br />representing or assisting the other party, as soon as reasonably possible but in any event before the Closing <br />Date (“COVID-19 Extension Date”). In the event the COVID-19 Extension Date expires prior to a <br />resolution of the COVID-19 Related Event, the parties may agree in writing to an additional extension <br />period or either party may cancel the Land Swap Agreement by providing written notice to the other party, <br />or licensee representing or assisting the other party, of party’s intent to cancel based on the COVID-19 <br />Related Event no later than the end of the COVID-19 Extension Date. If either party cancels the Land Swap <br />Agreement, Interstate and HRA shall immediately sign a Cancellation of Purchase Agreement confirming <br />said cancellation.