Laserfiche WebLink
b.) all third.party Claims related to failure of the DEVELOPER to timely construct the <br />DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS -and the CITY <br />ordinances, standards, and specification; ; <br />c.). failure by the DEVELOPER to observe or perform any material covenant, <br />condition, obligation, or agreement on its part under this DEVELOPMENT CONTRACT; <br />d,} failure by the DEVELOPER to *pay contractors,. subcontmctor , .laborers;. or <br />materialmen <br />e.) failure by the DEVELOPER to pay for materials; <br />f.) failure by the. DEVELOPER to obtain the necessary third party permits and <br />authorizations to construct the DEVP5LOPER-IMPROVEMENTS; <br />} <br />g.) <br />construction of the DEVELOPER IMPROVEMENTS; <br />h.) all thiird. party Claims .related to. delays: in construction of the DEVELOPER <br />IMPROVEMENTS; <br />0 all costs and liabilkites. arising .because building permits were issued prior to the <br />completion and acceptance ofthe DEVELOPER I1vIPROVEMENTS. <br />13.2. NOTICE. Within a reasonable period of time after ft .CITY's receipt of actual <br />notice of any matter diving rise to a'riglit of payment; against the CITY pursuant to Section 13.1 <br />the CITY shall .givo the FORMAL NOTICE In reasonable detail toAie DEVELOPER. The <br />DEVELOPER shall not be obligated. to make: any payment to the CITY for any such claim until <br />the passagI of sixty {6U.) days from the date. of'its receipt of FORMAL NOTICE from -the CITY,. <br />during which time tlto DEVELOPER shall havo the right to, cure or'. remedy the 'event.leading tq <br />such claith <br />13.3 DEFEME OF CLAIM. Provided the. CITY is not in. DEFAULT under the <br />DEVELOPMENT CONTRACT -with respect to. the, particular matter causing the claim or dehiand, <br />with respect tQ. alaim�or d�rrdassertod.against#he CITY by a third party of the ngtulre �cdvered <br />by Sections 13.1 and -112 above, and provided that the CITY gives FORMAL ADVANCED <br />NOTICE thereof, the -DEVELOPER will, nt its sole expense, provide. for the defense thereof with <br />counsel of its own selection but approved by the CITY; the DEVELOPER will pay. all costs and <br />eXpenses including -attorneys' fees incurred'in so defending against such claims, provided that the <br />CITY -shall at all timcs:also have the. right to fully participate iri'the defense at -the CITVs expense. <br />IF the DEVELOPER fails to defend, the CITY shall have the right, but hot��the-ohligation, to <br />undertake thedefense of, *andto compromise or settle the claim or other.mattet, for -the -account of <br />and at the risk ofthe 1XVE1a0PER. <br />14 <br />