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case of non - monetary default, to the terms and provisions of subparagraph (c). Upon a breach of <br />this Agreement, the non - defaulting Party in any court of competent jurisdiction, by an action or <br />proceeding at law or in equity, may secure the specific performance of the covenants and <br />agreements herein contained (and /or an action for mandamus as and if appropriate). Except as <br />otherwise set forth herein, no action taken by a Party pursuant to the provisions of this Article VII <br />or pursuant to the provisions of any other Section of this Agreement shall be deemed to constitute <br />an election of remedies and all remedies set forth in this Agreement shall be cumulative and non- <br />exclusive of any other remedy either set forth herein or available to any Party at law or in equity. <br />Each of the Parties shall have the affirmative obligation to mitigate its damages in the event of a <br />default by the other Party. Notwithstanding any provision contained herein to the contrary, the <br />Owner shall not be required to construct any portion of the Public Improvements (or take any other <br />action related to or in furtherance of same) while the City is in default under this Agreement). <br />(c) Notwithstanding any provision in this Agreement to the contrary, if the <br />performance of any covenant or obligation to be performed hereunder by any Party is delayed as <br />a result of circumstances which are beyond the reasonable control of such Party (which <br />circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil <br />disobedience, widespread pestilence, fire or other casualty, shortage of materials, adverse weather <br />conditions such as, by way of illustration and not limitation, severe rain storms or tornadoes, labor <br />action, strikes, changes in the law affecting the obligations of the Parties hereunder, or similar <br />acts), the time for such performance shall be extended by the amount of time of the delay directly <br />caused by and relating to such uncontrolled circumstances. The Party claiming delay of <br />performance as a result of any of the foregoing "force majeure" events shall deliver written notice <br />of the commencement of any such delay resulting from such force majeure event not later than <br />seven (7) days after the claiming Party becomes aware of the same, and if the claiming Party fails <br />to so notify the other Party of the occurrence of a "force majeure" event causing such delay, the <br />claiming Party shall not be entitled to avail itself of the provisions for the extension of performance <br />contained in this Article. <br />ARTICLE VIII. GENERAL PROVISIONS <br />Section 8.01. Notices. <br />Any notice, communication, or disbursement required to be given or made hereunder shall <br />be in writing and shall be given or made by facsimile, hand delivery, overnight courier, or by <br />United States mail, certified or registered mail, return receipt requested, postage prepaid, at the <br />addresses set forth below or at such other addresses as any be specified in writing by any Party <br />hereto to the other parties hereto. Each notice which shall be mailed or delivered in the manner <br />described above shall be deemed sufficiently given, served, sent, and received for all purpose at <br />such time as it is received by the addressee (with return receipt, the delivery receipt or the affidavit <br />of messenger being deemed conclusive evidence of such receipt) at the following addresses: <br />If to City: City of San Marcos <br />Attn: City Manager <br />630 East Hopkins <br />19 <br />