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established by the County assessor on January 2, 2020, for taxes payable in 2021), then abated in <br />accordance with the Tax Abatement Program. <br />Unavoidable Delays means delays beyond the reasonable control of the parry seeking to <br />be excused as a result thereof which are the direct result of war, terrorism, strikes, other labor <br />troubles, fire or other casualty to the Project, litigation commenced by third parties which, by <br />injunction or other similar judicial action, directly results in delays, unusually severe or <br />prolonged bad weather, acts of God, or acts of any federal, state or local governmental unit <br />(other than the City in exercising its rights under this Agreement) which directly result in delays. <br />Unavoidable Delays shall not include delays in the Developer's obtaining of permits or <br />governmental approvals necessary to enable construction of the Project by the dates such <br />construction is required under this Agreement, unless (a) Developer has timely filed any <br />application and materials required by the City for such permit or approvals, and (b) the delay is <br />beyond the reasonable control of the Developer. <br />3 <br />LL185\31\703544.v1 <br />