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County. Nothing contained in this Agreement shall be deemed to amend or modify the
<br /> provisions of the Declaration of Easements for Parking.
<br /> Section 7. Event of Force Majeure
<br /> (A) Definition: For purposes of this Agreement, an "Event of Force Majeure" means
<br /> any cause or event which is beyond the reasonable control of a party and which renders the
<br /> performance of this Agreement by the affected party either impossible or commercially
<br /> impracticable, including, without limitation, inclement weather, drought, flood, earthquake, storm,
<br /> fire, lightning, labor actions or work stoppages (including, without limitation, strikes, sympathy
<br /> strikes and lockouts), natural calamities, national emergencies, declarations of war, riot, civil
<br /> disturbance, sabotage, explosions, acts of God, acts of any governmental body and/or agency
<br /> having jurisdiction over the affected party, and any federal, state, and/or local laws, rules,
<br /> regulations, orders, ordinances, acts, or mandates which prohibit, restrict, or regulate the affected
<br /> party's performance of its obligations under this Agreement.
<br /> (B) Suspension of Obligations: If either party is unable to perform its obligations
<br /> hereunder because of an Event of Force Majeure, then both parties shall be relieved of their
<br /> obligations hereunder throughout the time that the Event of Force Majeure is pending.
<br /> Section 8. Defaults
<br /> (A) Defaults: If either party (as the "Defaulting Party") is in default of any of its
<br /> obligations hereunder and such default either cannot be cured, or, if it can be cured, has not been
<br /> cured by the Defaulting Party within thirty (30) days after its receipt of written notice of default
<br /> from the other party (the "Non-Defaulting Party"), then the Non-Defaulting Party shall have the
<br /> right to seek any remedies which may be available to it at law or in equity as a result of the
<br /> default.
<br /> (B) Cumulative Remedies: The various rights, powers, and/or remedies of any party
<br /> hereto or herein contained shall not be considered as exclusive of, but shall be considered
<br /> cumulative to, any rights, powers, and/or remedies now or hereafter existing at law or in equity
<br /> and/or created by this Agreement.
<br /> (C) No Implied Waiver: The failure of either party to seek redress for any violation of,
<br /> or to insist upon the strict performance of, any covenant, term, condition, representation, and/or
<br /> warranty set forth in this Agreement shall not constitute a waiver of such rights or in any way limit
<br /> or prevent the subsequent enforcement of any such covenant, term, condition, representation, and/or
<br /> warranty.
<br /> (D) No Termination by Developer: Notwithstanding anything to the contrary
<br /> contained in this Agreement, it is expressly understood and agreed that no uncured breach or
<br /> default of this Agreement by Dodgers shall entitle Developer to cancel, rescind, or otherwise
<br /> terminate this Agreement. However, such limitation shall not affect in any manner any other
<br /> rights or remedies which Developer may have hereunder or under any applicable law by reason
<br /> of any such uncured breach.
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