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14. CITY WILL SALVAGE EXISTING IRON ROD FENCE PER ATTACHMENT <br /> 5 IN A TIMELY MANNER UPON CLOSING OF PROPERTY EXCHANGE TO <br /> FACILITATE SITE ACCESS AND CONSTRUCTION ACTIVITIES. <br /> 15. EITHER PARTY'S PERFORMANCE OF ONE OR MORE OF ITS <br /> OBLIGATIONS UNDER THIS AGREEMENT MAYBE DELAYED IF A FORCE MAJEURE <br /> EVENT PREVENTS PERFORMANCE. FOR PURPOSES OF THIS AGREEMENT, "FORCE <br /> MAJEURE EVENT" IS DEFINED AS FIRE, FLOOD, EXPLOSION, WAR, STRIKE, <br /> EMBARGO, TERRORIST ACT, NEWLY-IlVIPOSED GOVERNMENT REQUIlZEMENT OR <br /> RESTRICTION, CIVIL OR MILITARY AUTHORITY, ACT OF GOD, ACT OR OMISSION <br /> OF CARR~RS OR OTHER SIMILAR CAUSES BEYOND QUINNEYS' OR CITY'S <br /> CONTROL, THAT WERE NOT REASONABLY FORESEEABLE AND AVOIDABLE, AND <br /> WITHOUT THE FAULT OR NEGLIGENCE AND/OR LACK OF DILIGENCE OF THE <br /> DELAYED PARTY ("FORCE MAJEURE .CONDITION").. IF ANY FORCE MAJEURE <br /> EVENT OCCURS, THE PARTY DELAYED OR UNABLE TO PERFORM SHALL GIVE. <br /> WRITTEN NOTICE TO THE OTHER PARTY, STATING THE NATURE OF THE FORCE <br /> MAJEURE EVENT, THE .STEPS THE PARTY HAS OR WILL TAKE TO MINIMIZE THE <br /> EFFECT OF THAT. CONDITION, AND THE AMOUNT OF TIME THE DELAY IS <br /> EXPECTED TO LAST. THEREAFTER, THE TIME TO PERFORM THE ACTS OR <br /> OBLIGATIONS THAT WERE DELAYED BY SUCH CONDITION (AND ANY <br /> CORRESPONDING ACTS OR OBLIGATIONS OF THE NON-DELAYED PARTY) SHALL <br /> BE EXTENDED BY THE LENGTH OF TIlVIE THE FORCE MAJEURE CONDITION <br /> ENDURED, PROVIDED THE DELAYED PARTY HAS USED BEST EFFORTS TO <br /> OVERCOME OR RESOLVE THE FORCE MAJEURE CONDITION <br /> 16. THIS AGREEMENT SHALL BE BINDING ON AND INURE TO THE <br /> BENEFIT OF THE PARTIES AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND <br /> <br /> . ASSIGNS. <br /> 17. THE CAPTIONS AND HEADINGS USED IN THIS AGREEMENT ARE FOR <br /> REFERENCE ONLY AND SHALL NOT BE CONSTRUED TO DEFINE OR LIMIT THE <br /> SCOPE OR CONTENT OF THIS AGREEMENT. . <br /> 18. THIS AGREEMENT CONTAINS THE FINAL AND ENTIRE <br /> UNDERSTANDING BETWEEN QUINNEYS AND CITY WITH RESPECT TO ITS <br /> SUBJECT MATTER AND IS INTENDED TO BE AN INTEGRATION OF ALL PRIOR <br /> NEGOTIATIONS AND UNDERSTANDINGS. QUINNEYS AND CITY SHALL NOT BE <br /> BOUND BY ANY TERMS, CONDITIONS, STATEMENTS, WARRANTIES, OR <br /> REPRESENTATIONS NOT CONTAINED IN THIS AGREEMENT. NO CHANGE OR <br /> MODIFICATION OF THIS AGREEMENT SHALL BE VAT,ID UNLESS IT IS IN WRITING <br /> AND IS SIGNED BY BOTH QUINNEYS AND CITY. <br /> 19. A FAILURE BY QUINNEYS OR CITY TO ENFORCE ANY RIGHT UNDER <br /> THIS AGREEMENT SHALL NOT BE DEEMED. TO BE A WAIVER OF THAT RIGHT OR <br /> OF ANY OTHER RIGHT. <br /> 20. IF LITIGATION IS INSTITUTED WITH RESPECT TO THIS AGREEMENT, <br /> THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE LOSING <br /> PAGE 7--EXCHANGE AGREEMENT 4/10/2006 <br /> <br />