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terrorism; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental
<br />restrictions or priority; litigation; unusually severo weather; inability to secure necessary labor,
<br />materials or tools, delays of any contractor, subconh•actor or supplier; acts or omissions of the other
<br />party; acts or failures to act of the City, Agency, or any other public or governmental agency or entity
<br />(other than the acts or failures to act of the Agency or City which shall not excuse performance by
<br />the Agency or City). Notwithstanding anything to the contrary in this Agreement, an extension of
<br />time for any such cause shall be far the period of the enforced delay and shall commence to run fi•om
<br />the time of the commencement of the cause, iY• notice by the party claiming such extension is sent to
<br />the other party within thirty (30) days of the commencement o£ tie cause. Times of performance
<br />F .;..
<br />under this Agreement may also be extended in writing by lh`c.: mutual agreement of Agency/City
<br />(through the Executive Director) and Developer. Notwithstanding any provision of this Agreement
<br />to the contrary, the lack of funding to complete the Impl'ovem~ts shall not constitute grounds of
<br />enforced delay pursuant to this Article 1700.
<br />I A00. INDEMNIFICATION
<br />1801. Nonliability of Agency and Crty: developer aclcnowledges~and agrees that:
<br />(a) The relationship between =Developer and Agency/C;ity is and shall
<br />remain solely that of borrower au`d lender, Agency/C~fy" neither undertakes nor assumes any
<br />responsibility to review, inspect, supervise,`~approye (other~tfiaigfor aesthetics) or inform Developer
<br />of any matter in connection with the con'Struction,'irieluding matters• relating to: (i) the performance
<br />., .
<br />of the construction work, ,(iA) architects,". contractors, ; subcontractors and materialmen, or the
<br />workmanship of or materials usiwd by any'`of them, ox (111)tj?re piogi~ess of the construction; and
<br />Developer shall rely c[ifiCely on itsofvn judgment with`=lespecf tgSUCh matters and acknowledges that
<br />any review, inspecUoif;;"supervisiori~"ryapproval oi• Information stipplicd to Developer by City in
<br />connection with such maiterg: is solely for the protection of Agency/City and that neither Developer
<br />nor any t>urdpArty is entitled to i eiy on ll , ,,
<br />,, ;
<br />(b) T~oti(vithstanding "any other provision of any Loan Document: (i) the
<br />Agency arid. City are not'a [partner, joint venture,"alter-ego, manager, controlling person or other
<br />business assogiate or participant,of any lciiad of Developer and Agency/City does not intend to ever
<br />assume any s(t6hstatus; (ii) Agency/City's';activities in connection with the Loan(s) shall not be
<br />"outside the seope.;,of the activities,, of a lender of money" within the meaning of California Civil
<br />Code Section 3434, a's';modified oTYecodified from time to time, and Agency/City does not intend to
<br />ever assume any responsibility tb."iiiy person for the quality or safety of the Property or the Project;
<br />and (iii) Agency/City shall hpt fe~'deemed responsible for or a participant in any acts, omissions or
<br />decisions of Developer; %':`'
<br />(c) AgeneylCity shall not be directly or indirectly liable or responsible
<br />for any loss or injury of any kind to any person or property resulting from any construction on, or
<br />occupancy or use of, the Property, whether arising from: (i) any defect in any building, grading,
<br />landscaping or other onsite or offsite improvement; (ii) any act or omission of Developer or any of
<br />Developer's agents, employcos, independent contractors, licensees or invitees; or (iii) any accident
<br />on the Property or any fire or other casualty or hazard thereon; and
<br />(d) By accepting or approving anything required to be performed or given
<br />to Agency/City under the Loan Documents, including any certificate, financial statement, srrevey,
<br />appraisal or insurance policy, Agency/City shall not be deemed to have warranted or represented the
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