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McDonough Holland and Allen <br /> 555 Capitol Mall, 9th Floor <br /> Sacramento CA 95814 <br /> Attn: Iris Yang <br /> <br />Such written notices, demands and communications may be sent in the same manner to such <br />other addresses as either party may from time-to-time designate by notice given as provided in <br />this section. <br /> <br /> §1003 Agreement Not Induced by Developer's Payment <br /> <br /> Developer warrants that this Agreement is the result of the undertakings of the parties <br />pursuant to the ERN, as from time to time amended, and that other than those undertakings <br />Developer has not paid or given, and will not pay or give, any money or other consideration to <br />induce the Agency to enter into this Agreement. <br /> <br /> §1004 Enforced Delayl Extension of Times of Performance <br /> <br /> In addition to the specific provisions of this Agreement, performance by either party <br />hereunder shall not be deemed to be in Default, and all performance and other dates specified in <br />this Agreement and the Schedule of Performance shall be extended, where delays or Defaults are <br />due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of <br />God; acts of the public enemy; epidemics, quarantine restrictions; freight embargoes; lack of <br />transportation; governmental restrictions or priority; litigation, including delays beyond the <br />reasonable control of the Agency in concluding eminent domain proceedings or related legal <br />proceedings instituted by the Agency to acquire and vacate the Acquisition Parcels; unusually <br />severe weather; inability to secure necessary labor, materials or tools; delays of any <br />subcontractor, contractor or supplier; acts or omissions of the other party; acts or the failure to <br />act of the City or any other public or governmental agency or entity (except that the acts or <br />failure to act of the Agency shall not excuse performance by the Agency); or any other causes <br />beyond the control or without the fault of the party claiming an extension of time to perform. <br />Notwithstanding anything to the contrary in this Agreement, an extension of time for any such <br />cause shall be for the period of the enforced delay (taking into account reasonable startup and <br />remobilization time) and shall commence to run from the time of the commencement of the <br />cause if notice by the party claiming such extension is sent to the other party within thirty (30) <br />days of the commencement of the cause. If notice by the party claiming an extension is sent to <br />the other party more than thirty (30) days after the commencement of the cause, the extension <br />period shall commence to mn only thirty (30) days prior to the giving of such notice. Times of <br />performance under this Agreement may also be extended in writing by the mutual agreement of <br />the City, Agency and Developer. <br /> <br /> §1005 Inspection of Books and Records <br /> <br /> The City and Agency have the right at all reasonable times to inspect the books and <br />records of Developer pertaining to the Project Site as pertinent to the purposes of this <br />Agreement. Developer also has the right at all reasonable times to inspect all public records of <br /> <br /> 45 <br />DOCSSF1:648942.4 <br />9975-5 C14 <br />120502 <br /> <br /> <br />