Agmt09 Mental Health Association of San Mateo County

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caused delays; inability to secure necessary labor, materials or tools; delays of any contractors, subcontractor or supplier; acts of the other party other than as permitted or required by the terms of this Agreement; acts or failure to act of any public or governmental agency or entity other than as permitted or required by the terms of this Agreement (except that action or failure to act by the City or the Agency shall not extend the time for the Agency or the City to act, unless such extension is otherwise expressly authorized herewith, unless such action or failure to act is the result of a lawsuit or injunction, including, but not limited to, lawsuits pertaining to the adoption of the Agreement, the appraisal of environmental documentation, eminent domain, and the like) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Any extension of time for any such cause hereunder shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended by mutual agreement in writing by the Parties. Section 6.06. Inspection of Books and Records. The Agency and the Ci ty shall have the right at all reasonable times and at the Agency's and/or the City's cost and expense to inspect the books and records of Participant pertaining to the Property and/or the development thereof as necessary for the Agency and/or the City, in its reasonable discretion, to enforce its rights under this Agreement. Matters discovered by the Agency and/or the City shall not be disclosed to third parties unless required by law or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights of the Agency and/or the City hereunder. Participant shall also have the right at all reasonable times to inspect the books and records of the Agency and/or the City pertaining to the Property and/or the development thereof as pertinent to the purposes of this Agreement. Participant agrees to provide to Agency, City, to any Federal or State department having monitoring or reviewing authority, to City's authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed. Participant shall maintain and preserve all records relating to this Agreement in its possession of any third party performing work related to this Agreement for a period of three (3) 34