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<br />responsibility of RIAB hereunder, or any negligent or willful tortious action of, or <br />failure to act by, RIAB in furtherance of such duty or responsibility. RIAB's duty to <br />defend and hold harmless shall include the responsibility to provide legal <br />representation, the selection of whom shall be subject to City's approval. <br /> <br />4. Time Extensions/Immunity from Acts of God. Neither party shall be <br />in default of any provision of this Agreement or subject to any penalty hereunder <br />where timely performance or timely compliance is prevented by Acts of God, <br />including natural disasters, and/or unusually inclement weather, civil <br />emergencies, change in governmental regulations, or similar acts which are <br /> <br />beyond their reasonable ability to control; provided, that the party's performance <br />so excused shall be recommenced within a reasonable time after the event or <br /> <br />action which precluded said party from timely performance no longer exists. <br /> <br />5. Superseding Public Interest. The parties acknowledge and agree that <br />the public interest and necessity for acquisition of the Street Parcel is in addition <br />to and supersedes any private interests of RIAB in the Development. Therefore, <br />acquisition of the Street Parcel shall be completed irrespective of contingencies <br />relating to the Development (including, without limitation, conveyance of title to <br />the Development Property to a successor in interest for construction of the Street <br />Improvements), approval of the Development, or other private use of the <br /> <br /> <br />Development Property. The rights, duties and obligations of the parties herein <br />described are independent of, and separate from, any rights, duties or <br />obligations which may arise from, or in connection with, City's approvals, or <br />withholding approval, of the Development, or any part or portion thereof. Nothing <br />herein contained shall be deemed an express or implied approval of the <br />Development or any part or portion thereof; provided, that in the event the <br />Development is approved as evidenced by approval of a final subdivision map, <br />any rights, duties, and obligations of the parties thereunder to acquire the Street <br /> <br />Parcel shall be subsumed by this Agreement. <br /> <br />Agmt-147 <br />F /sh/sh/RC/Council <br />DES: jg:rg <br />04/1 0/98R;05/07/98RR <br /> <br />-4- <br />