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Prior to acceptance by the City of the City maintained improvements lying within the public fight -of -way or easements, the Developer shall provide evidence try sworn construction statement that all contractors who may be.entitied to file mechanics liens. have been paid. ARTICLE xII Prohibitions Against Assigment`And Transfer; Indemnification Section 12.1. Release and Indemnification Covenants. (a) Tile Developer releases from and :covenants and .agrees that the City, and the governing body members, officers, agents; servants and employees thereof shall not be liable for, and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants. and employees thereof, against anyloss or damage to property or any injury to or death of any person occurring at or about or resulting. from MY. defect in the Improvements or Developer's Improvements. (b) Except for any willful misrepresentation or any negligent, millful or wanton misconduct of the fallowing named parties, the Developer agrees to protect and defend the City, and the governing body members, officers, agents, servants and employees thereof, now and forever, and further agrees to hold the aforesaid harmless:from any claim, demand,. suit, action or other proceeding whatsoever by any person or entity whatsoever arising or. purportedly arising from. this.Agreement, or the transactions. contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements or Developer's Improvements and provided that such proceeding is based upon the acts of the Developer or of others acting on behalf or under the direction or control of the Developer. (c) The City, and the governing body members, officers; agents, servants and employees thereof shall not be liable for any damage or injury to the persons or property of the Developer, or its officers, agents, servants or employees or any other person who may be about the Property due to. any act of negligence of any person, excluding the negligent acts or misconduct of the City; its agents or employees. (d) All covenants, stipulations, promises; agreements and obligations of the City contained herein. shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any. governing body member, officer, agent, servant or employee of the City in the individual capacity thereof... .ARTICLE XM Insurance Section 13.1. Insurance. Developer and/or all its subcontractors shall take out and maintain during and until two (2) years after the City has accepted the improvements (streets, 18