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D. Approval hy the City of PUD Plans, ihe Final Plans and oiher PUD controls; <br />E. Approval by the City of any final Plats; and <br />F. Faiiure ta obtain tk�e z�ecessary perrnits and authorizations to redevelop the <br />Property. <br />5.0 Notice. <br />A. Where written notice is required o�the City, it shail be sent to: <br />Meagan Beekman <br />Arden Hills City Planner <br />City of Arden Hi11s <br />1245 West Highway 96 <br />Arden Hilis, MN 55112 <br />B. Wher� written notice is required o�the Developer it sha11 be sent to: <br />McDonalds USA, LLC <br />I650 West 82"a Street, #900 <br />Bloomington, MN 55431-988$ <br />6.0 Defense of Claim. With respect to any claims or demands asserted against ihe City by a <br />third party of the nature covered by Section 4.0, and provided thai the City gives timely <br />formal written notice thereof to the Develaper. The Developer will, at its sole expense, <br />provide far the defense thereof with counsel oi its own selection, but approved by the <br />City, whick� approval shall not be unnecessarily vvitl�ield or delayed; the Developer will <br />pay out costs and expenses, including attorney's �ees incurred and so defend against such <br />claims, provided that the City shall, at alI times, also have the right to fully participat� in <br />the defense at the City's expense. If the Developer fails to de�end, the City shall have the <br />right, but not the obligatior�, io undertake the defense of, to compromise or settle the <br />claim ar other matter, for the account of and at the risk oi the Deveioper. All attorneys <br />fees incurred by the Ciry re�ated to such defense shall be paid by the Developer. This <br />Section 6.0 shall not apply to costs incurred or suffered by the City which relate to, result <br />from, ar are caused by the City's willful violation of applicable law. <br />7.0 Citv Remedies. If a default occurs, that is not caused by �orce maje�re, the City shall <br />give the Developer fortnal written notice af default and the Developer shall have thirty <br />{30) working days to appear before the City Council to discuss the default. If the <br />Developer, after farmal written notice by the City, does not cure the default within thirty <br />(30} working days following tl�e Council appearance, the City may avail itself o� any <br />remedy afforded by law and an.y of the following cumulatave, not e�clusive re�xaedies: <br />A, City anay specifically en�orce the Agreemeni. <br />5 <br />