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provider, date, time committed, hourly rates, . etc., and such expenses shall be consistently and <br />uniformly applied to DEVELOPER and other similar developers and projects; Bills not. paid within. <br />thirty (30) days shall accrue interest at the rate of eight percent.(6%) per year. <br />93 ENFORCEMENT COSTS. The DEVELOPER shall pay. the CITY for costs <br />incurred in the enforcement of this DEVELOPMENT CONTRACT, including engineering and <br />reasonable attorneys' fees, except that in the event of disputed matters; the prevailing.p arty shall. <br />be reimbursed .by the losing .party for any and all costs. <br />9.4 TIME OF PAYMENT.. The DEVELOPER shall pay all bills from the CITY <br />within thirty (30) days. after billing. Bills not paid within thirty (30) days shall bear interest at the <br />rate.of eight percent (d%a) per year. <br />ARTICLE 10 <br />DEVELOPER WARRANTIES <br />10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby <br />makes and states the DEVELOPER WARRANTIES. <br />ARTICLE 11 <br />OWNER WARRANTIES <br />11.1 STATEMENT OF OWNER WARRANTIES. The OWNER Hereby makes and <br />states the OWNER WARRANTIES. <br />ARTICLE 11. <br />CITY WARRANTIES <br />12.1 STATEMENT OF CITY WARRANTIES. The CITY hereby malces. and states <br />the CITY WARRANTIES. <br />.ARTICLE 13 <br />INDEMN FICATION OF CITY <br />13.1 INDEMNIFICATION OF CITY. Provided the CITY is not in default under the <br />DEVELOPMENT CONTRACT or has negligently acted with respect to the particular. matter <br />causing the claim, loss, or:damage, DEVELOPER shall indemnify, defend, and hold the CITY, its <br />COUNCIL, agents, employees, attorneys, and representatives harmless against -arid in respect of <br />any and all claims, demands, actions, suits, proceedings, losses,. Costs, expenses, obligations, <br />.liabilities, damages; recoveries, and deficiencies.; including interest, penalties, and attorneys' fees, <br />that the CITY incurs of suffers ("CLAIM"), which arise out of, result from or relate to: <br />a,) breach by the DEVELOPER of the DEVELOPER WARRANTIES, <br />13 <br />