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David A. Gold, Esq. Morrison & Foerster LLP 101 Ygnacio Valley Road, Suite 450 P.O. Box 8130 Walnut Creek, California 94596-8130 Such written notices, 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. Agency agrees that it shall provide written notice to Shea of the following events within three (3) Business Days following the occurrence of such events: (i) any default by either party under the IAC DDA; (ii) the termination in whole or in part of the IAC DDA; (iii) any material developments in the eminent domain activities with respect to the IAC Project Site; and (iv) the results of the third party written investigations and/or reports in connection with the IAC Project Site. §1003 Agreement Not Induced by Shea's Payment Shea warrants that this Agreement is the result of the undertakings of the parties pursuant to that certain Agreement Conferring Exclusive Right to Negotiate (Shea Homes Limited Partnership/IAC Apartment Communities) entered into on January 29, 1998, as from time to time amended, and that certain Advance Funding Agreement for the Franklin Street Project entered into on January 29, 1998 as fi.om time to time amended, and that other than those undertakings Shea has not paid or given, and will not pay or give, any money or other consideration to induce Agency to enter into this Agreement. §1004 Enforced Delay; Extension 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 specified in this Agreement and the Schedule of Performance shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics, quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation, including delays beyond the reasonable control of Agency in concluding eminent domain proceedings or related legal proceedings instituted by Agency to acquire and vacate the Acquisition Parcels; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any subcontractor, contractor or supplier; acts or omissions of the other 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 Agency shall not excuse performance by 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 time of the 43 wc-21875