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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 />