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<br />other consultant costs of the City, all attributable to or incurred in connection with the Project, but
<br />not including Construction Observation. At the Developer’s request, but no more often than
<br />monthly, the City will provide the Developer with a written report including invoices, time sheets
<br />or other comparable evidence of expenditures for Administrative Costs and the outstanding
<br />balance of funds deposited. If Administrative Costs incurred, and reasonably anticipated to be
<br />incurred, are more than the deposit by the Developer, Developer will, upon request of the City,
<br />provide additional funds. If the Administrative Costs incurred, and reasonably anticipated to be
<br />incurred are less than the deposit by the Developer, the City shall return to the Developer any funds
<br />not anticipated to be needed. The City shall return the unused escrow balance to the Developer no
<br />later than two (2) months after the acceptance of the Improvements by the City at the contact
<br />information provided on the Escrow Receipt Form.
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<br />4.03 Warranty. The Developer warrants the Public Improvements and all work required to be
<br />performed by the Developer hereunder against poor material and faulty workmanship for a period
<br />of one (1) year after its completion and acceptance by the City. The Developer shall repair or
<br />replace as directed by the City and at the Developer’s sole cost and expense: (i) any and all faulty
<br />work, (ii) any and all poor quality and/or defective materials, and (iii) any and all trees, plantings,
<br />grass and/or sod which are dead, are not of good quality and/or are diseased, as determined in the
<br />sole but reasonable opinion of the City or its Engineer, provided the City or its Engineer gives
<br />notice of such defect to Developer with respect to such items on or before 60 days following the
<br />expiration of the one (1) year warranty period.
<br />ARTICLE FIVE
<br />OTHER REQUIREMENTS
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<br />5.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City,
<br />its officials, agents and employees shall not be personally liable or responsible in any manner to
<br />the Developer or its respective contractors or subcontractors, material suppliers, laborers or to any
<br />other person or persons for any claim, demand, damages, actions or causes of action of any kind
<br />or character arising out of or by reason of the execution of this Agreement or the performance and
<br />completion of the work required by this Agreement. The Developer will hold the City, its officials,
<br />agents and employees harmless from all such claims, demands, damages, or causes of action and
<br />the costs, disbursements, and expenses of defending the same, including but not limited to,
<br />attorneys’ fees, consulting engineering services, and other technical or professional assistance,
<br />including the work of City staff and employees until such point the City accepts the Improvements.
<br />The Developer further agrees that they will indemnify, defend, and hold harmless the City and its
<br />governing body members, officers, and employees, from any claims or actions arising out of the
<br />presence, if any, of hazardous wastes or pollutants on the Subject Property. Nothing in this Section
<br />will be construed to limit or affect any limitations on liability of the City under State or federal
<br />law, including without limitation Minnesota Statutes Sections 466.04 and 604.02.
<br />5.02. Insurance. The Developer must keep all insurance coverage in force at all times that
<br />construction on the Project is in progress. The insurance must name the City as an additional
<br />insured. The Developer shall, respectively, furnish certificate of insurance acceptable to the City,
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