Res99 RD-99-30 - Laserfiche WebLink

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§1003 Agreement Not Induced by IAC's Payment IAC warrants that this Agreement is the result of the undeRakings of the parties pursuant to the ERN, and that other than those undertakings IAC 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 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 aze due to: waz; insurrection; strikes; lockouts; riou; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics, quarantine restrictions; freight embazgoes; lack of transportation; govemmental restrictions 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 Acquisition Pazcels; 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 govemmental 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 pariy 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 commencement of the cause if notice by the party claiming such e�ctension 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 commencement 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 writing by the mutual agreement of the Agency and IAC. §1005 Inspection of Books and Records The Agency has the right at all reasonable times to inspect the books and records of IAC pertaining to the Franklin Street Project Site as pertinent to the purposes of this Agreement. IAC also has the right at all reasonable times to inspect all public records of the Agency pertaining to the Franklin Street Project Site as pertinent to the purposes of this Agreement. §1006 Requests for Amendments to this Agreement IAC and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by IAC, lending institution�or the Agency, provided said requests aze consistent with this Agreement and would not substantially alter the basic business terms included herein. The Agency shall not unreasonably withhold approval of such amendments to this Agreement. 41 9627:8397625 � ' � ' ,