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date to perform any act or give any notice with respect to this Agreement shall fall on a Saturday,
<br />Sunday or California state or national holiday, such act or notice shall be deemed to have been
<br />timely performed or given on the next succeeding day which is not a Saturday, Sunday or
<br />California state or national holiday. Additionally, in the event that the Developer or Qualified
<br />Designee is delayed, hindered, or prevented from performing any obligation under this Agreement
<br />due to acts of God, natural disasters, extreme weather events, fire, flood, earthquake, epidemic,
<br />pandemic, quarantine restrictions, war, terrorism, civil unrest, labor disputes (other than those of
<br />the affected party's own workforce), supply chain disruptions, government -mandated shutdowns,
<br />governmental action or inaction, or any other cause beyond the reasonable control of the Developer
<br />or Qualified Designee (each, a "Force Majeure Event"), the time for performance of such
<br />obligation shall be extended for the period of such delay plus a reasonable period to allow for
<br />remobilization. Any such delay shall not be deemed a breach or default tinder this Agreement,
<br />provided that the Developer or Qualified Designee promptly notifies the City of the Force Maj cure
<br />Event and makes commercially reasonable efforts to resume performance as soon as practicable
<br />after the event ceases.
<br />Section 8.4 Attorney's Fees and Costs.
<br />The City shall be entitled to receive from the Developer and the Qualified Designee, or any
<br />person violating the requirements of this Agreement, in addition to any remedy otherwise available
<br />tinder this Agreement or at law or equity, whether or not litigation is instituted, the costs of
<br />enforcing this Agreement, including without limitation reasonable attorneys' fees and the costs of
<br />City staff time.
<br />Section 8.5 Appointment of Other Agencies.
<br />At its sole discretion, the City may designate, appoint, or contract with any other public
<br />agency, for-profit or non-profit organization to perform some or all of the City's obligations under
<br />this Agreement.
<br />Section 8.6 Hold Harmless.
<br />Developer and Qualified Designee agree to indemnify and hold harmless (without limit as
<br />to amount) the City and its elected officials, officers, employees and agents in their official
<br />capacities (hereinafter collectively referred to as "City Indemnitees"), and any of them, from and
<br />against all loss, all risk of loss and all damage (including expense) sustained or incurred because
<br />of or by reason of any and all claims, demands, suits, actions, judgments and executions for
<br />damages of any and every kind and by whomever and whenever made or obtained, allegedly
<br />caused by, arising out of or relating in any manner to Affordable Development, Developer's
<br />performance or nonperformance under this Agreement, or Qualified Designee's performance or
<br />non-performance under this Agreement, and shall protect and defend the City Indemnitees, and
<br />any of them with respect thereto, except to the extent arising from the gross negligence or willful
<br />misconduct of the City Indemnitees. The provisions of this Section shall survive expiration or other
<br />termination of this Agreement of this Agreement, and the provisions of this Section shall remain
<br />in full force and effect.
<br />ATTY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT
<br />REV: 10-16-25 VR
<br />Page 33 of 41
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