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this Agreement, in the form attached hereto, from all parties who have an interest in the Land; that <br />there are no unrecorded interests in the Land adverse the City and its interests; and that the Owner <br />will indemnify and hold the City harmless for any breach of the foregoing covenants. <br /> H. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter arising, <br />available to City, at law or in equity, or under any other agreement, and each and every right, <br />power and remedy herein set forth or otherwise so existing may be exercised from time to time as <br />often and in such order as may be deemed expedient by the City and shall not be a waiver of the <br />right to exercise at any time thereafter any other right, power or remedy. <br />I.The Owner may not assign this Agreement without the written permission of the <br />City Council, which shall not be unreasonably withheld by the City. <br />J.The Owner shall hold the City and its officers, employees, and agents harmless <br />from claims or audits made by it and third parties for damages sustained or costs incurred resulting <br />from a violation of this Agreement. The Owner shall indemnify the City and its officers, <br />employees, and agents for all costs, damages, or expenses that the City may pay or incur in <br />consequence of such claims or audits, including attorneys’ fees. <br />K.This Agreement shall terminate and be of no further force or effect on the date that <br />all obligations of Owner (including warranty obligations) have expired, or upon such earlier date <br />as agreed to by City and Owner. <br /> 26. SPECIAL PROVISIONS. This Agreement shall govern and effectuate the <br />operation of conditions set forth by the Planning Commission for approval of the Final Plat by the <br />City Council; and conditions set forth in the Planned Unit Development and Conditional Use <br />Permit(s) issued by the City and recorded against the Land. <br />DEVELOPMENT & SUBDIVISION AGREEMENT <br />CENTERVILLE AND BANJO <br />Draft Version 05/20/2022v3 – for Council Packet- Page 17 <br /> <br />