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Such written notices, demands and communications may be sent in the same manner to <br /> such other addresses as the affected party may from time to time designate by mail as provided in <br /> this Section 10.1. <br /> Section 10.2 Non-Liability of City Officials, Employees and Agents; Non-Liability of <br /> Developer's Members. No member, official, employee or agent of the City shall be personally <br /> liable to the Developer, or any successor in interest, in the event of any default or breach by the <br /> City or for any amount which may become due to the Developer or successor or on any obligation <br /> under the terms of this Agreement. <br /> Section 10.3 Forced Delay. In addition to specific provisions of this Agreement, <br /> performance by either party hereunder shall not be deemed to be in default where delays or defaults <br /> are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of <br /> God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental <br /> restrictions or priority; litigation(including suits filed by third parties concerning or arising out of <br /> this Agreement); weather or soils conditions which, in the opinion of the Developer's contractor, <br /> will necessitate delays; inability to secure necessary labor, materials or tools; delays of any <br /> contractor, sub-contractor or supplier; acts of the other party; acts or failure to act of any public or <br /> governmental agency or entity(other than the acts or failure to act of the City) or any other causes <br /> (other than Developer's inability to obtain financing for the Improvements) beyond the control or <br /> without the fault of the party claiming an extension of time to perform. Times of performance <br /> under this Agreement may also be extended in writing by the City and the Developer. <br /> Section 10.4 Inspection of Books and Records. Upon request,the Developer shall permit <br /> the City to inspect at reasonable times and on a confidential basis those books, records and all other <br /> documents of the Developer necessary to determine Developer's compliance with the terms of this <br /> Agreement. The Developer also has the right at all reasonable times to inspect the books, records <br /> and all other documentation of the City pertaining to its obligations under this Agreement. <br /> Section 10.5 Provision Not Merged with Deeds. None of the provisions of this <br /> Agreement are intended to or shall be merged by any grant deed transferring title to any real <br /> property which is the subject of this Agreement from City to Developer or any successor in interest, <br /> and any such grant deed shall not be deemed to affect or impair the provisions and covenants of this <br /> Agreement. <br /> Section 10.6 Title of Parts and Sections. Any titles of the articles, sections or subsections <br /> of this Agreement are inserted for convenience of reference only and shall be disregarded in <br /> construing or interpreting any part of its provision. <br /> Section 10.7 Applicable Law. This Agreement shall be interpreted under and pursuant to <br /> the laws of the State of California. <br /> Section 10.8 Severability. If any term,provision, covenant or condition of this <br /> Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the <br /> remainder of the provisions shall continue in full force and effect unless the rights and obligations <br /> 144\105\105296.4 16 <br />