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comply with Environmental Laws, whether or not any insurance policies shall have been
<br />determined to be applicable to any such claims, demands, suits, actions, losses,
<br />liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs,
<br />damages, or administrative, enforcement or judicial proceedings; provided, however that
<br />the same shall not apply to instances invloving the sole negligence of the Agency or the
<br />City. It is further agreed that the Agency and the City do not, and shall not, waive any
<br />rights against the Participant which they may have by reason of this indemnity and hold
<br />harmless agreement because of the acceptance by the Agency, or the deposit with the
<br />Agency by the Participant, of any of the insurance policies described in this Agreement.
<br />G. Default
<br />Notwithstanding any of the provisions of this Agreement, the Participant shall not be deemed to
<br />be in default of or in material non-compliance with this Agreement unless the Participant has received
<br />written notice of the violation or deficiency and the Participant fails to cure such violation or deficiency
<br />within thirty (30) days after receipt of written notice or, if the matter cannot be cured in thirty (30) days,
<br />fails to commence the cure within thirty (30) days and to diligently prosecute such cure. In the event of
<br />default or breach of this Agreement or any of its terms or conditions by the Participant or any successor in
<br />interest, the Agency may pursue the remedy thereof by all means of enforcement both in equity and in
<br />law provided by the laws of the State of California, including the right of eminent domain with respect to
<br />any part of the property involved in the breach.
<br />H. Occupancy Approval
<br />Occupancy of the Site by a party, other than the Participant or General Foundry
<br />Service Corporation shall be subject to the Agency's review and approval prior to
<br />actual occupancy of the premises in accordance with the provisions of the
<br />Redevelopment Plan. The Agency shall promptly review all applications for
<br />occupancy approval and shall not unreasonably withhold approval of such
<br />applications, provided they are in full accordance with the provisions of this
<br />Agreement and the Redevelopment Plan.
<br />2. The Agency may terminate an occupancy or occupancies upon its determination
<br />of material non-compliance with any provisions of this Agreement or the
<br />Redevelopment Plan. Continued occupancy following expiration or termination
<br />of occupancy approval shall be a violation of this Agreement and the
<br />Redevelopment Plan.
<br />3. The Participant agrees to insert in each lease, sublease, rental agreement, lease
<br />renewal or other agreement providing for occupancy or use of the Site a
<br />termination clause providing for termination of occupancy upon determination of
<br />material noncompliance with any provisions of this Agreement or the
<br />Redevelopment Plan.
<br />3.07 Excuse for Non -Performance
<br />The Participant shall be excused from performing any obligation or undertaking provided in this
<br />Agreement, except any obligation to pay any sums of money, in the event and so long as the
<br />performance of any such obligation is prevented or delayed, retarded or hindered by act of God, fire,
<br />earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence,
<br />sabotage, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in
<br />the open market, failure of transportation, strikes, lockouts, action of labor unions, condemnation,
<br />requisition, laws, orders of governmental or civil or military or naval authorities, or any other cause,
<br />whether similar or dissimilar to the foregoing, not within the respective control of the Participant.
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