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10/1 /08 <br />(g) delay in construction; <br />(h) personal injury, including death, of any third party; <br />(i) property damage claims of any third party; and <br />(j) the failure to make required real estate disclosures to subsequent buyers of homes <br />on the Sites. <br />Developer's obligation to indemnify as set forth. in this Agreement shall extend to loss or <br />damage, expenses, injuries, death to any person, damage to real or personal property; <br />claim, demand, suit, action, judgment, settlement, reasonable attorney's fees, costs, or <br />proceedings of any kind that, are discovered or accrue, either before or after the <br />termination of this Agreement. <br />Developer's obligation to indemnify as set forth in this Agreement shall exclude property <br />damage or bodily injury, including death, occasioned by the intentional acts of the <br />Agency, its designated agents or employees. <br />603. Enforced Delay; Extension of Times of Performance. In addition to <br />specific provisions of this Agreement, performance by either party hereunder shall not be <br />deemed to be in Default, and all performance and other dates specified in this Agreement <br />shall be extended, where delays or Defaults are due to causes beyond the control or <br />without the fault of the party claiming an extension of time to perform, which may <br />include: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; <br />acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight <br />embargoes; lack of transportation; governmental restrictions or priority; litigation; <br />unusually severe weather; inability to secure necessary labor, materials or tools, delays of <br />any contractor, subcontractor or supplier; acts or omissions of the other party; acts or <br />failures to act of the City or any other public or governmental agency or entity (other than <br />the acts or failures to act of the Agency which shall not excuse performance by the <br />Agency). Notwithstanding anything to the contrary in this Agreement, an extension of <br />time for any such cause shall be for the period of the enforced delay and shall commence <br />to run from the time of the commencement of the cause, if notice by the party claiming <br />such extension is sent to the other party within thirty (30) days of the commencement of <br />the cause. Times of performance under this Agreement may also be extended in writing <br />by the mutual agreement of Agency and Developer. Notwithstanding any provision of <br />this Agreement to the contrary, the lack of funding to complete the Improvements shall <br />not constitute grounds of enforced delay pursuant to this Section 603. <br />604. Transfers of Interest in Sites or Agreement. <br />604.1 Prohibition. The qualifications and identity of the Developer are <br />of particular concern to the Agency. It is because of those qualifications and identity that <br />the Agency has entered into this Agreement with the Developer. For the period <br />commencing upon the date of this Agreement and until the expiration of the use and <br />operations covenants which are set forth in Section 401 hereof, no voluntary or <br />involuntary successor in interest of the Developer shall acquire any rights or power under <br />this Agreement, nor shall the Developer make any total or partial sale, transfer, <br />conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the <br />28 <br />