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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/her discretion, refers the matter of extension to <br />the Agency Board. <br />10.05 Inspection of Books and Records. <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 within five years of the Date of Operation, or when the final purchase <br />payment pursuant to Section 3.03 of this Agreement is complete, whichever comes <br />first. <br />10.06 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 shall <br />not be deemed to affect or impair the provisions and covenants of this Agreement. <br />10.07 Indemnity by Developer. <br />(a) Except as provided in Section 10.07 (c) of this Agreement, <br />Developer shall defend, indemnify, and hold harmless the Agency for any claim <br />against the Agency of any nature whatsoever arising out of or in connection with <br />Developer's purported acts or omissions on or about, or Developer's occupancy or use <br />of, the Property or Developer's performance or non-performance under or with <br />respect to this Agreement, and any claims for relocation related to the Property, <br />except to the extent any such claim arises out of or in connection with the Agency's <br />purported 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. If any <br />such claim is attributable to an action or omission of Developer's construction <br />contractor, such contractor shall also defend, indemnify and hold harmless the <br />Agency against such claim arising out of or in connection with Developer's <br />construction contractor's purported acts or omissions on or about, or Developer's <br />Disposition and Development Page 37 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />