2017-2037 Comp Plan Update Enabling Ordinance with Exhibit A

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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 50 of 118 the alleged default is such that it cannot reasonably be cured within the 60 -day period, then the commencement of actions to cure the alleged default within the 60 -day period, and diligent prosecution of actions necessary to complete the cure of the alleged default after the 60 -day period, shall be deemed to be a cure within the 60 -day period. Upon a default of this Agreement that is not cured as provided above, the non -defaulting Party may institute legal proceedings to enforce the terms of this Agreement. If the default is cured, then no default exists and the noticing Party shall take no further action. 8.2 Enforced Delay; Extension of Time of Performance. Notwithstanding anything to the contrary contained herein, neither Party shall be deemed to be in default where delays in performance or failures to perform are due to war, insurrection, strikes or other labor disturbances, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, extended appeals, or similar basis for excused performance which is not within the reasonable control of the Party to be excused. Upon the request of either Party, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. In the event such delays preclude development of MountainStar in an economically feasible manner consistent with the Mountain5tar Resort Conceptual Master Plan and the other MPR Approvals, the parties agree to negotiate in good faith to revise or terminate this Agreement. Section 9. ASSIGNMENT; TRANSFER; NOTICES 9.1 Assignment of Interests, Rights and Obligations. Trendwest shall have the right to assign or transfer all or any portion of its interests, rights, obligations or responsibilities under this Agreement, including the MPR Approvals and the Subsequent Actions, to third parties 5uneadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 49