Laserfiche WebLink
<br />(c) The indemnified parties shall not be liable for any damage or injury to the persons <br />or property of the Developer or its officers, agents, servants or employees or any other person <br />who may be about the Minimum Improvements due to any act of negligence of any person, other <br />than any act of negligence on the part of any such indemnified party or its officers, agents, <br />servants or employees. <br /> <br />(d) All covenants, stipulations, promises, agreements and obligations of the City <br />contained herein shall be deemed to be the covenants, stipulations, promises, agreements and <br />obligations of the City, respectively, and not of any governing body member, officer, agent, <br />servant or employee of the City in the individual capacity thereof. <br /> <br />(e) Without limiting any other provision of this Agreement, the Developer hereby <br />agrees to protect and defend the City and the governing body members, officers, agents, servants <br />and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from <br />any claim, demand, suit, action or other proceeding whatsoever by any person or entity <br />whatsoever for relocation benefits or assistance under State or federal law as a result of the <br />Developer's or the City's activities under this Agreement <br /> <br />Section 8.4. Aporovals. Notwithstanding Sections 8.1 and 8.2, any approval of a <br />transfer of interest in the Developer, this Agreement, or all or a part of the Development Property <br />required to be given by the City under this Article VIII may be denied only in the event that the <br />City reasonably determines that the ability of the Developer to perform its obligations under this <br />Agreement and its obligation, to pay ad valorem real property taxes assessed with reSPect to the <br />Development Property, or the overall financial security provided to the City under the terms of <br />this Agreement, or the likelihood of the Minimum Improvements being successfully cons1ructed <br />and operated and maintained pursuant to the terms of this Agreement, will be materially <br />impaired by the action for which approval is sought. <br /> <br />ARTICLE IX <br /> <br />DEVELOPER EVENTS OF DEFAULT <br /> <br />Section 9.1. Events of Default Defined. Anyone or more of the following shall be an <br />"Event of Default" under this Agreement <br /> <br />(a) Failure by the Developer to timely pay pursuant to Article VI all ad valorem real <br />property taxes assessed with respect to the Development Property. <br /> <br />(b) Failure by the Developer to cause the construction of the Minimum Improvements <br />to be commenced and completed pursuant to the terms, conditions and limitations of Article IV. <br /> <br />(c) Failure by the Developer to cause the Minimum Improvements to be <br />reconstructed when required pursuant to Article VI. <br /> <br />(d) Transfer of any interest in the Developer or the Project in violation of the <br />provisions of Article VIII. <br /> <br />25 <br />