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<br />196456v7 <br />Property; that there are no unrecorded interests in the property being final platted; and that the <br />Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. <br />Any transfer of an ownership interest in the Subject Property is an assignment of the rights and <br />obligations herein to the subsequent owner. <br /> C. Third parties shall have no recourse against the City or Developer under this <br />Agreement. <br /> D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of <br />this Agreement is for any reason held invalid, such decision shall not affect the validity of the <br />remaining portion of this Agreement. <br /> E. The action or inaction of the City shall not constitute a waiver or <br />amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution of the City Council. The City's <br />failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. <br /> F. Developer will hold the City and its officers, agents, and employees <br />harmless from claims made by third parties, including but not limited to other property owners, <br />tenants, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or <br />injuries resulting from approval of this Planned Unit Development and the development of the <br />Subject Property unless such claims are caused by the City’s negligent, reckless or willful <br />misconduct. The Developer will indemnify the City and its officers, agents, and employees for <br />all costs, damages, or expenses, including reasonable engineering and attorney's fees, which the <br />City may pay or incur in consequence of such claims, except if caused by City negligence, <br />reckless or willful misconduct.