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07-12-21-R
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07-12-21-R
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7/13/2021 12:53:55 PM
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7/13/2021 12:42:15 PM
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<br />2021-07-12 Final Version 19 <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 the Development and the development of the Subject Property <br />unless such claims are caused by the City’s negligent, reckless or willful misconduct. The <br />Developer will indemnify the City and its officers, agents, and employees for all costs, damages, <br />or expenses, including reasonable engineering and attorney's fees, which the City may pay or <br />incur in consequence of such claims, except if caused by City negligence, recklessness or willful <br />misconduct. <br /> G. In addition to all legal or equitable remedies, breach of any material term <br />of this Agreement by the Developer which continues beyond any applicable cure period shall be <br />grounds for denial of building permits, including lots sold to third parties, and Certificates of <br />Occupancy. <br /> H. Each right, power or remedy herein conferred upon the City is cumulative <br />and in addition to every other right, power or remedy, express or implied, now or hereafter <br />arising, available to City, at law or in equity, or under any other agreement, and each and every <br />right, power and remedy herein set forth or otherwise so existing may be exercised from time to <br />time as often and in such order as may be deemed expedient by the City and shall not be a waiver <br />of the right to exercise at any time thereafter any other right, power or remedy. <br /> I. Developer shall take out and maintain or cause to be taken out and <br />maintained until six (6) months after the City has accepted the public improvements, commercial <br />general liability and property damage insurance covering personal injury, including death, and <br />claims for property damage which may arise out of Developer's work or the work of its
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