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3.02 Conflict of Interests. <br /> No member, official or employee of the Agency shall make any decision <br /> relating to the Agreement which affects his or her personal interests or the interests of <br /> any corporation, partnership or association in which he or she is directly or indirectly <br /> interested. <br /> 3.03 Non- Liability of Agency Officials. Employees and Agents. <br /> No member, official, employee or agent of the Agency or City of San Leandro <br /> shall be personally liable to the Developer, or any successor in interest, in the event <br /> . of any default or breach by the Agency or for any amount which may become due to <br /> the Developer or successor or on any obligation under the terms of this Agreement. <br /> 3.04 Enforced Delay. <br /> In addition to specific provisions of this Agreement, performance by either <br /> Party hereunder shall not be deemed to be in default where delays or defaults are due <br /> to war; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; acts <br /> of God; acts of the public enemy; epidemics; quarantine restrictions; freight <br /> embargoes; lack of transportation; governmental restrictions (excluding those <br /> imposed by the Agency or the City) or priority; litigation (including suits filed by <br /> third parties concerning or arising out of this Agreement or suits challenging <br /> approvals of this Project by the City of San Leandro); weather or soils conditions <br /> which will necessitate delays; inability to secure necessary labor, materials or tools; <br /> delays of any contractor, sub - contractor or supplier; acts of the other Party; acts or <br /> failure to act of any public or governmental agency or entity (other than the acts or <br /> failure to act of the Agency); or any other causes beyond the control or without the <br /> fault of the Party claiming an extension of time to perform. <br /> The Party claiming such extension shall send written notice of the extension to <br /> . the other within thirty (30) days from the commencement of the cause. Times of <br /> • <br /> performance under this Agreement may also be extended in writing by the Agency <br /> and the Developer by mutual agreement of Developer and the Executive Director <br /> unless the Executive Director, in his discretion, refers the matter of extension to the <br /> Agency Board. <br /> Disposition and Development • Page 33 of 39 <br /> Agreement (Automall) <br /> 10/2196 <br />