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. � repair or replacemcnt i� necessary, DEVELOPER shall, within 20 days written notice by the CITY, proceed diligently to effect the repair or replacement. If repairs are not undertaken within this 20 day period; the CITY may effect the repairs itself, and DEVELUPER shall be respons�b:e to reimburse the C1TY for all costs, administrative, overhead, and attorneys� fees incurred by the CITY. If an exigent circumstance arises where, for stormwater purposes, inimediate action is necessary, the CITY may enter and take whatever action it deems necessary to assure proper operation of the box culverts. 6. Re-Confi ured Pond Maintenance. DEVELOPER, and its successors in interest, shall be obligated to maini�ain all slopes around the reconfigured pond that exceed a 3:1 slope. These slopes shall be stabilized so as to assure no erosion of soils occurs. Any eroded materials entering the pond shall be promptly removed by DEVELOPER, but in no event in less than ten days from written notice by the CITY. If DEVELOPER fails to remo�e the sediment, the CITY may praceed to effect removal using the process described in Paragraph 5 hereof'. 7. Waiver of Claims and lndemnity• In consideratiun for the terms of this Agreement, DEVELOPER agrees to the following: a. �EVELOPER hereby e�uaives any and all claims for losses or damage which may or does result from The presence of�the culvert structures under the building, or City's mainten�n�e. r�pair or �ther activities pertaining ta the culverts. DEVELOPER alsc, sgrees to hold harmlcss, defend and indemnify the CITY frorri all Gla�ims f�r l�s� �r �l�rnages resulting from the same circumstances. b. DEVELOPI;R hereb,� wa4v�s any and all claims for losses or damage which i��av or does result fr�rr� filo�ding occurring to �ny portion of the Plat Property ��hich is claimed to be attributed to the inadequacy of the stormwater ponding, or maintenance of stormwater infrastructure on the Plat Property by the CITY. DEVELOPER also agrees to hold harmless, defend and indemnify the City iiom all claims f�� 1QS� �r �ama�es 4 esulting tronz the same circumstances. c. The ��aiver of claims and irdemnity pravisions in paragraphs 7(a) and (b) ahuve do not apply in the even� th? loss or damage is caused solely by the CITY'S negligence in faiiing t� properly operate the pumping system which is a part of 1he reconfi�ureci storm��ater system. ",3�.t-r.lr:nt an�i V:acation A�reement page 3 �f� 4 V