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Agmt99 Peninsula Habitat... (2)
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Agmt99 Peninsula Habitat... (2)
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Last modified
8/28/2012 3:07:56 PM
Creation date
5/19/2005 1:12:24 PM
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Agreement
Contractor Name
Peninsula Habitat for Humanity
PROJECT NAME
422 & 430 Lincoln Avenue
RMP File Number
304
Date
1/28/1999
Reso Ref
13546
Box
5900
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Section 6 . 04 . Nonliability of Agency Officials and <br /> Employees. <br /> No member, official or employee of the Agency shall be <br /> personally liable to the Developer, or any successor in interest, <br /> in the event of any default or breach by the Agency or for any <br /> amount which may become due to the Developer or to its successor, <br /> or on any obl igat ions under the terms of thi s Agreement, except f or <br /> gross negligence or willful acts of such member, officer or <br /> employee. <br /> Section 6 . 05 . Enforced Delay: Extension of Time of <br /> Performance. <br /> In addition to specific provisions of this Agreement, <br /> performance by either party hereunder shall not be deemed to be in <br /> default where delays or defaults are due to war; insurrection; <br /> strikes; lockouts; riots; floods; earthquakes; fires; casualties; <br /> acts of God; acts of public enemy; epidemics; quarantine <br /> restrictions; freight embargoes or lack of transportation; <br /> weather-caused delays; inability to secure necessary labor, <br /> materials or tools; delays of any contractors, subcontractor or <br /> supplier; acts of the other party other than as permitted or <br /> required by the terms of this Agreement; acts or failure to act of <br /> any public or governmental agency or entity other than as permitted <br /> or required by the terms of this Agreement (except that action or <br /> failure to act by the City or the Agency shall not extend the time <br /> for the Agency to act unless such extension is otherwise expressly <br /> authorized herewith unless such action or failure to act is the <br /> result of a lawsuit or injunction including by way of illustration, <br /> but not limited to, lawsuits pertaining to the adoption of the <br /> Agreement, the appraisal of environmental documentation, eminent <br /> domain, and the like) or any other causes beyond the control or <br /> without the fault of the party claiming an extension of time to <br /> perform. Any extension of time for any such cause hereunder shall <br /> be for the period of the enforced delay and shall commence to run <br /> from the time of the commencement of the cause, if notice by the <br /> party claiming such extension is sent to the other party within <br /> thirty (30) calendar days of the commencement of the cause. Times <br /> of performance under this Agreement may also be extended by mutual <br /> agreement in writing by and between the Agency and the Developer. <br /> Section 6 . 06 . Inspection of Books and Records . The <br /> Agency shall have the right at all reasonable times at the Agency' s <br /> cost and expense to inspect the books and records of the Developer <br /> pertaining to the Property and/or the development thereof as <br /> necessary for the Agency, in its reasonable discretion, to enforce <br /> its rights under this Agreement . Matters discovered by the Agency <br /> REDW\0006\DOC\013-7 <br /> 4 2 1\11\OS 940 law <br />
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