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3.05 Inspection of Books and Records. <br /> • <br /> The Agency has the right at all reasonable times to inspect on a confidential <br /> basis the books, records and all other documentation of the Developer pertaining to <br /> its obligations under this Agreement. The Developer also has the right at all <br /> reasonable times to inspect the books, records and all other documentation of the <br /> Agency pertaining to its obligations under this Agreement. Said rights of inspection <br /> shall terminate upon the issuance of the Certificate of Completion with respect to the <br /> Agency's inspection of Developer's books and records. <br /> 3.06 Provision Not Merged With Deeds. <br /> None of the provisions of this Agreement are intended to or shall be merged by <br /> any Grant Deed transferring title to any real property the subject of this Agreement <br /> from Agency to Developer or any successor in interest, and any such Grant Deed <br /> shall not be deemed to affect or impair the provisions and covenants of this <br /> Agreement. <br /> . 3.07 Indemnity by Developer. <br /> (a) Except as provided in Section 3.07(c) of this Part, Developer shall <br /> defend, indemnify, and hold harmless the Agency for any claim against the Agency of <br /> any nature whatsoever arising out of or in connection with Developer's purported acts <br /> or omissions on or about, or Developer's occupancy or use of, the Property or <br /> Developer's performance or non - performance under or with respect to this <br /> Agreement, and any claims for relocation related to the Property, except to the extent <br /> any such claim arises out of or in connection with the Agency's purported acts or <br /> omissions on, about, or with respect to the Property or the Agency's performance or <br /> non- performance under, or with respect, to this Agreement. If any such claim is <br /> attributable to an action or omission of Developer's construction contractor, such <br /> contractor shall also defend, indemnify and hold harmless the Agency against such <br /> claim arising out of or in connection with Developer's construction contractor's <br /> purported acts or omissions on or about, or Developer's construction contractor's <br /> occupancy or use of, the Property or Developer's construction contractor's <br /> performance or non - performance under or with respect to this Agreement, except to <br /> the extent any such claim arises out of or in connection with the Agency's purported <br /> acts or omissions on, about or with respect to the Property or the Agency's <br /> performance or non - performance under or with respect to this Agreement. • <br /> Disposition and Development ' Page 34 of 39 <br /> Agreement (Automall) <br /> 10/2/96 <br />