RDA Agmt 2000 American Baptist Homes of the West Inc etc

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In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions (excluding those imposed by the Agency or the City) or priority; litigation (including suits filed by third parties concerning or arising out of this Agreement or suits challenging approvals of this Project by the City of San Leandro); weather or soils conditions which will necessitate delays; inability to secure necessary labor, materials or tools; delays of any contractor, sub-contractor or supplier, acts of the other Party; acts or failure to act of any public or governmental agency or entity (other than the acts or failure to act of the Agency); or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. The Party claiming such extension shall send written notice of the extension to the other within thirty (30) days from the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the Agency and the Developer by mutual agreement of Developer and the Executive Director unless the Executive Director, in his/her discretion, refers the matter of extension to the Agency Board. 10.05 Inspection of Books and Records. The Agency has the right at all reasonable times to inspect on a confidential basis the books, records and all other documentation of the Developer pertaining to its obligations under this Agreement The Developer also has the right at all reasonable times to inspect the books, records and all other documentation of the Agency pertaining to its obligations under this Agreement 10.06 Provision Not Merged With Deeds. None of the provisions of this Agreement are intended to or shall be merged by any Grant Deed transferring title to any real property the subject of this Agreement from Agency to Developer or any successor in interest, and any such Grant Deed shall not be deemed to affect or impair the provisions and covenants of this Agreement 10.07 Indemnity by Developer. (a) Except as provided in Section 10.07(c) of this Agreement, Developer shall defend, indemnify, and hold harmless the Agency for any claim against the Agency of any nature vrhatsoever arising out of or in connection with Developer's purported acts or omissions on or about, or Developer's occupancy or use of, the Property or Developer's performance or non-performance under or with respect to this Agreement, and any claims for relocation related to the Property, except to the extent any such claim arises out of or in connection with the Agency's purported acts or omissions on, about, or with respect to the Property or the Agency's performance ornon-performance under, or with respect, to this Agreement If any such claim is attributable to an action or omission of Developer's construction contractor, such contractor shall also defend, indemnify and hold harmless the Agency against such claim arising out of or 21