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ARTICLE 11 OWNER WARRANTIES 11.1 STATEMENT OF OWNER WARRANTIES. The OWNER hereby makes and states the OWNER WARRANTIES. ARTICLE 12 CITY WARRANTEES 12.1 STATEMENT OF CITY WARRANTIES.. The CITY hereby makes and states. the CITY WARRANTIES. ARTICLE 13 INDEMNIFICATION OF CITY 13.1 INDEMNIFICATION OF CITY. Provided the CITY is not in default under the DEVELOPMENT CONTRACT or has negligently acted with respect to the particular matter causing.the claim,. loss, or damage, DEVELOPER shall indemnify, defend, and hold the CITY, its COUNCIL, agents, employees, attorneys, and representatives harmless against and i.n respect of any and all elaIrns, demands, actions, suits, proceedings, losses, costs. expeilses, oliIiga#ions; liabilities, damages, recoveries, and.deficiencies,, including.interest; penalties; and attorneys' fees, that the CITY incurs: of suffers C"CLAIM..'), which arise out of, result from or relate to: a.) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b.) all third party Claims related to. failure of the. DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards, and specifications;. c.) failure by the DEVELOPER to observe or perform any material covenant, condition, obligation, or agreement on its part under this DEVELOPMENT CONTRACT; d:) failure by the. DEVELOPER to pay contractors, subcontractors, laborers; or materialmen; e.) failure by the DEVELOPER to pay for materials; Q. failure by the DEVELOPER to obtain the necessary third party permits and authorizations to construct the DEVELOPER. IMPROVEMENTS; g.) construction of the DEVELOPER IMPROVEMENTS; h.) all third party Claims related. to delays in construction of the DEVELOPER IMPROVEMENTS.;