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g. Approval by the City of the Development Plans; <br />h. Failure to obtain the necessary permits and <br />authorizations to construct the Developer Improvements or <br />any other permits required under Article 8 hereof; <br />i. Construction of the Development Improvements; <br />j. Delays in construction of the City Improvements caused by <br />the Developer; <br />k. The fact that building permits were issued prior to the <br />completion of the Developer Improvements or the City <br />Improvements and because there vere delays in completion <br />of the Developer Improvements or City contractorsProvements subcontractors� <br />by the City, Developer, i <br />materialmen, employees, agents or third parties; <br />1. Alteration or elimination of the drainage facilities <br />formerly located on the Equitable Parcel; <br />M. The construction, maintenance, or use, in any manner, of <br />the parking facilities which the Developer intends to <br />create on the Parking Easement Parcel. <br />12.2 NOTICE. within a reasonable period of time after the <br />city's receipt of actual notice of any matter within the scope of <br />Section 12.1, the City shall give the Developer Formal Notice, in <br />i:easuriable detail, of the matter. <br />12.3 DEFENSE OF CLAIM• er ofamatter within the scope <br />if as required <br />tunder <br />above, the City notifies the Developer <br />of Section 12.1 above, the Laveloper shall, at the Developer's sole <br />cost and expense, provide for the defense of such matter with <br />counsel of the Developer's own selection provided that such counsel <br />is approved, in writing, by the City. The City may grant or deny <br />such approval at the City's sole discretion. The Developer will <br />pay all costs and expenses including attorney's fees incurred in <br />the defense of matters within the scope of Section 12.1 above <br />provided that the City shall at all times have the right to fully <br />participate in the defense of such mutters at the Developer's <br />expense. If the Developer fails to defend a matter within the <br />scope of Section 12.1 above, the City shall have the right, <br />but not <br />the obligation, to undertake the defenseaccount <br />and at the of and ocomprisk more or <br />the <br />settle tile, matter, for the <br />Developer. <br />ARTICLE 13 <br />INSURANCE <br />13.1 DEVELOPER'S INSURANCE. Prior to the commencement of <br />construction on the Project, the Developer shall obtain and keep in <br />15 <br />