Laserfiche WebLink
15 <br />provided that such proceeding is based upon the acts of the Developer or of others acting <br />on behalf or under the direction or control of the Developer. <br /> <br /> (c) The City, and the governing body members, officers, agents, servants and <br />employees thereof shall not be liable for any damage or injury to the persons or property <br />of the Developer, or its officers, agents, servants or employees or any other person who <br />may be about the Property due to any act of negligence of any person, excluding the <br />negligent acts or misconduct of the City, its agents or employees. <br /> <br /> (d) All covenants, stipulations, promises, agreements and obligations of the <br />City contained herein shall be deemed to be the covenants, stipulations, promises, <br />agreements and obligations of the City and not of any governing body member, officer, <br />agent, servant or employee of the City in the individual capacity thereof. <br /> <br />ARTICLE XIII <br />Restrictions on Use of Scheuneman Road <br /> <br /> Section 13.1 Restrictions on Use of Scheuneman Road. Developer acknowledges and <br />agrees to the following restrictions on use of Scheuneman Road during construction of any <br />Improvements: <br /> <br /> (a) All heavy vehicles loaded with construction materials must enter the <br />Property only from Highway 61. <br /> <br />(b) All heavy vehicles hauling construction debris must enter and exit the <br />Property only from Highway 61. <br /> <br />(c) Heavy trucks may enter or exit the Property using Scheuneman Road only <br />when (1) ingress and egress to and from Highway 61 is not possible because the access <br />point to Highway 61 is closed to complete the Required Improvements or (2) trucks which <br />have entered the Property from Highway 61 do not have sufficient room on the Property to <br />turn around and exit onto Highway 61. If exiting from the Property to Scheuneman Road, <br />heavy trucks must turn right/south toward County Road E to minimize the area of possible <br />repairs. <br /> <br /> <br />ARTICLE XIV <br /> <br />Events of Default <br /> <br /> Section 14.1. Events of Default Defined. The term "Event of Default" shall mean, <br />whenever it is used in this Agreement (unless the context otherwise provides), any failure by the <br />Developer to substantially observe or perform any material covenant, condition, obligation or <br />agreement on its part to be observed or performed under this Agreement. <br />