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the alleged default is such that it cannot reasonably be cured within the 60-day period, then the <br />commencement of actions to cure the alleged default within the 60-day period. and diligent <br />prosecution of actions necessary to complete the cure of the alleged default after the 60·day <br />period. shall be deemed to be a cure within the 60-day period. Upon a default of this Agreement <br />that is not cured as provided above, the non-defaulting Party may institute legal proceedings to <br />enforce the terms of this Agreement. If the default is cured, then no default exists and the <br />noticing Party shall take no further action. <br />8.2 Enforced Delay; Extension of Time of Performance. Notwithstanding <br />anything to the contrary contained herein. neither Party shall be deemed to be in default where <br />delays in performance or failures to perform are due to war, insurrection, strikes or other labor <br />disturbances, walk.outs. riots. floods. earthquakes. fires. casualties. acts of God. restrictions <br />imposed or mandated by other governmental entities. enactment of conflicting state or federal <br />laws or regulations. extended appeals, or similar basis for excused performance which is not <br />within the reasonable control of the Party to be excused. Upon the request of either Party, an <br />extension oftime for such cause shall be granted in writing for the period of the enforced delay. <br />or longer as may be mutually agreed upon. ln the event such delays preclude development of <br />MountainStar in an economically feasible manner consistent with the MountainStar Resort <br />Conceptual Master Plan and the other MPR Approvals. the parties agree to negotiate in good <br />faith to revise or terminate this Agreement. <br />ASSIGNMENT; TR.o\.NSFER; NOTICES Section 9. <br />9.1 Assignment oflnterests, Rights and Obligations. Trendwest shall have the <br />right to assign or transfer all or any portion of its interests, rights. obligations or responsibilities <br />under this Agreement, including the MPR Approvals and the Subsequent Actions. to third parties <br />Suncadia Master Planned Resort Development Agrr:cment (Amended and Restated 12..0:!-2008) Page 49 <br />Index #34