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review meeting or ( 2 ) notify DEVELOPER in writing (following the <br /> date the review meeting is to be held) of the COUNTY' S deter- <br /> mination as to compliance or noncompliance with the terms of this <br /> Agreement and such failure remains uncured as of December 31 of <br /> any year during the term of this Agreement, such failure shall be <br /> deemed an approval by COUNTY of DEVELOPER' S compliance with the <br /> terms of this Agreement. <br /> C. Default by COUNTY. In the event COUNTY does not accept, <br /> review, approve or issue necessary development permits, entitle- <br /> ments, or other land use or building approvals, if any, for use <br /> in a timely fashion as provided in this Agreement , or as otherwise <br /> agreed to by the parties, or the COUNTY otherwise defaults under <br /> the terms of this Agreement, DEVELOPER shall have all rights and <br /> remedies provided herein or under applicable law . <br /> D. Enforced Delay; Extension of Time of Performance . In <br /> addition to specific provisions of this Agreement, performance by <br /> either party hereunder shall not be deemed to be in default where <br /> delays or defaults are due to war, insurrection, strikes, walk- <br /> outs, riots, floods, earthquakes, fires, casualties, Acts of God, <br /> governmental restrictions imposed or mandated by other governmen- <br /> tal entities, enactment of conflicting state or federal laws or <br /> regulations, judicial decisions, or similar basis for excused <br /> performance which is not within the reasonable control of the <br /> party to be excused. If written notice of such delay is given <br /> to either party within thirty ( 30) days of the commencement of <br /> such delay, an extension of time for such cause will be granted <br /> in writing for the period of the enforced delay, or longer as may <br /> - 16 - <br />