Coach 2013 Annual Report Download - page 721

*Each Major Milestone Outside Date shall be extended on a day-for-day basis for delays caused by Force Majeure events, Coach Change Delay s extending
beyond the Change Order Grace Period , and Coach Work Delays. For all purposes of this Agreement, (i) concurrent delays caused by any Force Majeure
event, Coach Change Delay extending beyond the Change Order Grace Period , or Coach Work Delay, shall only be counted once as a single period of delay,
(ii) concurrent delays caused by any Force Majeure event, Coach Change Delay and Coach Work Delay shall be deemed to be caused by such Force Majeure
event, and (iii) concurrent delays caused by any Coach Change Delay and Coach Work Delay shall be deemed to be caused by such Coach Change Delay.
(b) Developer shall exercise Best Efforts to cause each Major Milestone Event to be achieved on or prior to the corresponding Major
Milestone Target Date set forth directly across from said Major Milestone Event (but the failure of said Major Milestone Event to be achieved on or prior to the
applicable Major Milestone Target Date shall not, in and of itself, constitute a Developer Default or otherwise impose on Developer penalties or other liabilities
to the Coach Member hereunder). If, on or prior to a Major Milestone Outside Date, Developer shall not complete, or cause to be completed, the applicable
Major Milestone Event, then Developer shall, or shall cause the Executive Construction Manager to, exercise Best Efforts to take all actions necessary or
appropriate to mitigate any delays to the construction of the Project, the completion of the applicable Major Milestone Event and the timely completion of the
next Major Milestone Event on or prior to the Major Milestone Outside Date with respect thereto (including, without limitation, the employment of overtime
labor or other expenditure of additional money) at Developer’s sole cost and expense (and no portion of the cost thereof shall be included in Coach Total
Development Costs). Nothing contained in this Section 6.02 (including, without limitation, Developer’s efforts to mitigate any delay) shall in any way limit
any rights or remedies of the Coach Member set forth in this Agreement or the Operating Agreement or otherwise with respect to any such delay or affect any of
Developer’s obligations to the Coach Member with respect thereto (except to the extent any such delay is actually mitigated or eliminated).
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