limitation, delays occasioned by wind, rain, lightning, and storms” makes the Resort’s two-year completion obligation illusory. These “far less compelling reasons” are similar to those Judge Steele determined to be “certainly broad enough to allow the Seller to excuse completion on a wide variety of events.” Id. A provision in an ILSFDA-governed agreement which extends the completion period for delays not qualifying under Florida’s impossibility of performance principles renders the obligation to complete the condominium within two years illusory. Id. at *5 & n. 5 (giving as examples of excused performance under Florida law for “excessive rain” or heart attack of president of developer); cf. Rondini v. Evernia Properties, LLP, NO. 07-81077-Civ, 2008 WL 793512 (S.D.Fla. Feb.13, 2008) (<HOLDING>). The remaining issue is whether the last
holding sellers obligation not illusory where contract allowed extensions for delays caused by acts of god the unavailability of materials strikes other labor problems governmental orders or other events which would support a defense based upon impossibility of performance for reasons beyond defendants control recognizing the protection of preliminary governmental materials holding delays caused by numerous defense pretrial motions and defendants motion to continue do not weigh against the government holding delays caused by defendants role in necessitating substitution of defense counsel once on the eve of trial are attributed to defendant recognizing the fundamental principle of contract law and florida law that an obligation is illusory when it appears on its face to be so insubstantial as to impose no obligation at all