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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 />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 />10/2/96 <br />