5.0. 6.0. 7.0. 8.0. 9.0. 10.0. EDSR 09-21-1998

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Within ten (10) days after the date that the Authority makes such declaration, the Developer shall be liable for and shall repay the amount of the assistance plus interest. Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement and the Authority shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall be liable to the Authority for the reasonable fees of such attorneys and such other expenses so incurred by the Authority; provided, that the Developer shall only be obligated to make such reimbursement if Authority prevails in such collection or enforcement action. Section 3.4. Force Majeure. In the event that the Developer's compliance with the terms of this Agreement is delayed or interrupted due to strikes, acts of God or acts of any federal, state of local governmental unit, the Developer's non- compliance shall be excused for the period of delay or interruption if the Developer gives the Authority written notice of the cause of the delay or interruption within thirty (30) days after its occurrence. General economic or market conditions shall not constitute cause for excusing Developer's performance. • ARTICLE IV Miscellaneous Section 4.1. Provisions of Agreement Not Affected. With the exception of the provisions of the Contract relative to the Developer's employment and wage requirements, this Agreement is not intended to modify or limit in any way the terms of the Contract. Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 4.3. Modification. This Agreement may be modified solely through written amendments hereto executed by the Developer and the Authority. Section 4.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall Constitute one and the same instrument. Section 4.5. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall ID not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be B-5 BeckP 548540.1