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<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 obligations under the terms of this Agreement, except for <br />gross negligence or willful acts of such member, officer or <br />employee. <br /> <br />Enforced Delay: <br />Performance. <br /> <br />Extension <br /> <br />of <br /> <br />Time of <br /> <br />Section 6.05. <br /> <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 /> <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 />shall not be disclosed to third parties unless required by law or <br />unless otherwise resulting from or related to the pursuit of any <br />remedies or the assertion of any rights of the Agency hereunder. <br /> <br />44 <br /> <br />REDW\0006\DOC\001-7 <br />3/29/05 3:15 /rove <br />