AgdaPkt 2002-12-09 - Laserfiche WebLink

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q.�-►4�- -- McDonough Holland and Allen 555 CapiWl Mall, 9th Floor Sacramento CA 95814 Attn: Iris Yang .. Such written no6aes, demands and communications may be sent in the same manner to such other addresses as either party may from time-to-time designate by notice given as provided in this section. - §1003 Aereement Not Induced bv Develoaer's Pavment Developer warrants that t}us Agreement is the result of the undertakings of the parties pursuant to the ERN, as &om time to time amended, and that other than those undertakings Developer has not paid or given, and will not pay or give, any money or other consideration to induce the Agency to enter into this Agreement. §1004 Enforced Delav: Eztension of Times of Performance In addition to the specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates speciSed in this Agreement and the Schedule of Performance shall be extended, where delays or Defaults are due to: waz; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of _ God; acts of the public enemy; epidemics, quazantine restrictions; freight embazgoes; lack of transportation; govemmental restricrions or priority; litigation, including delays beyond the reasonable control of the Agency in concluding eminent domain proceedings or related legal proceedings instituted by the Agency to acquire and vacate the Acquisirion Parcels; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any subcontractor, contractor or supplier; acts ot omissions of the othec party; acts or the failure to act of the City or any other public or governmental agency or entity (except that the acts or failure to act of the Agency shall not excuse performance by the Agency); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay (taking into account reasonable startup and remobilization time) and shall commence to run from the tune of the commencement of the cause if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. If notice by the party claiming an extension is sent to the other party more than thirty (30) days after the commencetnent of the cause, the extension period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in wriring by the mutua] ageement of the City, Agency and Developer. §]005 Insaection of Books and Records The City and Agency have the right at all reasonable times to inspect the books and records of Developer pertaining to the Project Site as pertinent to the purposes of this — Agreement. Developer also has the right at all reasonable times to inspect all public records of 45 DOCSSFI :648942 A 9975-5 C 14 120502