Laserfiche WebLink
<br />I. INDEMNIFICATION AND HOLD HARMLESS. The Developer shall hold the City and <br />its officers and employees harmless from claims made by itself and third parties for <br />damages sustained or costs incurred resulting from subdivision plat approval and <br />development. The Developer shall indemnify the City and its officers and employees for <br />all costs, damages, or expenses which the City may payor incur in consequence of such <br />claims, including reasonable attorneys fees. Provided that nothing herein shall require <br />Developer to indemnify the City, its officers or employees from any violation of law or <br />from the consequences of their own negligence. <br /> <br />J. PROHIBITIONS AGAINST ASSIGNMENT OF AGREEMENT. Developer represents <br />and agrees that prior to the completion of the Developer improvements as certified by the <br />City: <br /> <br />1. Except by way of security for, and only for the purpose of obtaining financing <br />necessary to enable the Developer to perform its obligations with respect to the <br />construction of the improvements under this Agreement and any other purpose <br />authorized by this Agreement, the Developer (except as so authorized) will not <br />make or create, or suffer to be made or created, any total or partial sale, <br />assignment, conveyance, or transfer in any other mode or form, with respect to <br />this Agreement or any interest therein, or any contract or agreement to do any of <br />the same, without the prior written approval of the City. <br /> <br />2. In the absence of specific written agreement by the City to the contrary, no such <br />transfer or approval by the City shall be deemed to relieve Developer from any of <br />its obligations. In the event that the City approves a substitute Developer and the <br />property is transferred to said substitute, the City agrees to relieve the Developer <br />of liability from performance as described in this Contract. Said substitute shall <br />assume all responsibilities and rights of the Developer under this Contract. <br /> <br />Nothing in paragraphs 1 and 2 of this paragraph J shall be construed to limit or restrict <br />Developer's right of ability to sell lots to builders. <br /> <br />K. MISCELLANEOUS PROVISIONS. <br /> <br />1. Reimbursement of Costs for Defense. The Developer agrees to reimburse the <br />City for all costs incurred by the City in defense of enforcement of this Contract, <br />or any portion thereof, including court costs and reasonable engineering and <br />attorney's fees. <br /> <br />2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or <br />phrase in this Contract is for any reason held to be invalid by a court of competent <br />jurisdiction, such decision shall not affect or void any of the other provisions of <br />the Development Contract. <br /> <br />3. Waiver. 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 <br /> <br />7 <br />