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a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the <br />obligations affected by the force majeure shall be temporarily suspended. Within five (5) days <br />after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its <br />performance shall give notice to all the Parties, including a detailed explanation of the force <br />majeure and a description of the action that will be taken to remedy the force majeure and resume <br />full performance at the earliest possible time. The term "force majeure" means events or <br />circumstances that are not within the reasonable control of the Party whose performance is <br />suspended and that could not have been avoided by such Party with the exercise of good faith, due <br />diligence and reasonable care, including, without limitation, acts of God or the public enemy, war, <br />terrorism, criminal activity, riot, civil commotion, insurrection, government or de facto <br />governmental action or failure to act (unless caused by the intentionally wrongful acts or omissions <br />of the Party), fires, explosions, floods, hurricanes, adverse weather, materials or labor shortages, <br />strikes, slowdowns, work stoppages, or epidemics or pandemics. <br />Section 7.11 Agreement Binds Succession and Runs with the Land. This Agreement shall <br />bind and inure to the benefit of the Parties and their respective successors and assigns. The terms <br />of this Agreement shall constitute covenants running with the land comprising the Property. <br />Section 7.12 Exhibits. The following exhibits are attached to this Agreement and made a part <br />hereof for all purposes: <br />Exhibit A <br />Legal Description of the Property <br />Exhibit B <br />Form of Joinder Agreement <br />Exhibit C <br />Form of Consent Resolution <br />Exhibit D <br />Form of Strategic Partnership Agreement <br />[SIGNATURE PAGES FOLLOW] <br />960913_4 <br />