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The Party claiming such extension shall send written notice of the extension to the other within thirty <br />(30) days from the commencement of the cause. Times of performance under this Agreement may also be <br />extended in writing by the Agency and the Developer by mutual agreement of Developer and the Executive <br />Director unless the Executive Director, in his discretion, refers the matter of extension to the Agency Board <br />of Directors. <br />3.05 Inspection of Books and Records. <br />The Agency has the right at all reasonable times to inspect on a confidential basis the books, records <br />and all other documentation of the Developer pertaining to its obligations under this Agreement. The <br />Developer also has the right at all reasonable times to inspect the books, records and all other documentation <br />of the Agency pertaining to its obligations under this Agreement. Said rights of inspection shall terminate upon <br />the issuance of the Certificate of Completion with respect to the Agency's inspection of Developer's books, <br />records, and documentation. Nothing in this Section, however, shall permit the inspection or copying of <br />documents which are privileged, including but not limited to the attorney-client privilege. <br />3.06 Provision Not Merged With Deeds. <br />None of the provisions of this Agreement are intended to or shall be merged by any Grant Deed <br />transferring title to the real property which is the subject of this Agreement from Agency to Developer or any <br />successor in interest, and any such Grant Deed shall not be deemed to affect or impair the provisions and <br />covenants of this Agreement. <br />3.07 Indemnity by Developer. <br />(a) Except as provided in Section 3.07(c) below, Developer shall defend, indemnify, and <br />hold harmless the Agency for any claim against the Agency of any nature whatsoever arising out of or in <br />connection with Developer's purported acts or omissions on or about, or Developer's occupancy or use of, the <br />Properties or Developer's performance ornon-performance under or with respect to this Agreement, and any <br />claims for relocation related to the Properties or any other property referenced in this Agreement, except to <br />the extent any such claim arises out of or in connection with the Agency's purported acts or omissions on, <br />about, or with respect to the Properties or the Agency's performance or non-performance under, or with <br />respect, to this Agreement. If any such claim is attributable to an action or omission of Developer's <br />construction contractor, such contractor shall also defend, indemnify and hold harmless the Agency against <br />such claim arising out of or in connection with Developer's construction contractor's purported acts or <br />omissions on or about, or Developer's construction contractor's occupancy or use of, the Properties or <br />Developer's construction contractor's performance or non-performance under, or with respect to, this <br />Agreement, except to the extent any such claim arises out of or in connection with the Agency's purported acts <br />or omissions on, about or with respect to the Properties or the Agency's performance or non-performance <br />under or with respect to this Agreement. <br />(b) Upon knowledge of any such claim, the Agency shall notify the Developer and its <br />construction contractor of such claim in writing. Upon receipt of such written notice, Developer, and, if <br />applicable, its construction contractor, shall defend at their own expense any suit based on such claim. Such <br />Disposition and Development Agreement (Automall) Page 25 of 29 <br />