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<br />----~--- -------- ~- ~--~- - -- ---- -- -- <br /> <br />"Termination Date" means, as to each Phase, the earlier of: (a) substantial completion of <br />the Minimum Improvements, (b) the date the parties agree in writing that they are unable to <br />reach an.agreement as to an additional Phase pursuant to Section 3.2(d), or (c) the anticipated <br />date for commencement of the Phase as set forth on Schedule I if the parties have not agreed in <br />writing to proceed with the Phase. <br /> <br />"Unavoidable Delays" means delays, outside the control of the party claiming its <br />occurrence, which are the direct result of strikes, other labor troubles, unusually severe or <br />prolonged bad weather, acts of God, terrorist acts, fire or other casualty to the Minimum <br />Improvements, litigation commenced by third parties which, by injunction or other similar <br />judicial action or by the exercise of reasonable discretion, directly results in delays, acts of any <br />federal, state or local governmental unit (or the City) which directly result in delays (except with <br />respect to performance of the City's obligations hereunder), failure to receive or delays in the <br />receipt of necessary approvals from federal, state or local authorities, which directly result in <br />delays. Time lost as a result of Unavoidable Delays applicable to any deadline set forth in this <br />Agreement shall be added to extend said deadline by a number of days equal to the number of <br />days lost as a result of Unavoidable Delays. In order for a party to have the benefit of an <br />Unavoidable Delay the party must notify the other party of the existence and nature of the <br />Unavoidable Delay on or prior to the date of the occurrence of the event giving rise to the <br />Unavoidable Delay. <br /> <br />6 <br />