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20. Incorporation by Reference: All plans, special provisions, proposals, specifications and <br /> contracts for the Improvements furnished and let pursuant to this agreement shall be and <br /> hereby are made a part of this agreement by reference as fully as if set out herein in full. <br /> 21. Disclaimer by City: It is understood and agreed that the City, the City Council, and the <br /> agents and employees of the City shall not be personally liable or responsible in any manner <br /> to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any <br /> other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes <br /> of action of any kind or character, arising out of or by reason of the execution of this <br /> agreement or the performance and completion of the Improvements. <br /> 22. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the <br /> City,the City Council,and the agents and employees of the City from and against all claims, <br /> damages,losses or expenses,including attorney fees,which the City,City Council and agents <br /> and employees of the City may suffer or for which it may be held liable, arising out of or <br /> resulting from the assertion against them of any claims,debts or obligations in consequence <br /> of the performance of this agreement by the Developer, its employees, agents or sub- <br /> contractors, whether or not caused in part by a party indemnified hereunder. <br /> 23. Remedy for Default: Default by the Developer of any of the terms of this agreement shall <br /> automatically result in the suspension or withholding of all permits, licenses, occupancy <br /> certificates or other authorizations issued by the City in connection with the property included <br /> in this development.The remedies afforded to the City under this Section shall be in addition <br /> to any other remedies to which the City may be entitled by law or other agreement. Default <br /> by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, <br /> together with other relief as the law may provide. <br /> 24. Right of Entry. The Developer hereby grants to the City, its agents and its employees, the <br /> right to enter on the property for the specific purpose of constructing or completing any and <br /> all of the agreed upon Improvements should the Developer not complete those Improvements <br /> by the date specified in Section 11. <br /> 25. Controlling Agreement. To the extent that there is any difference or ambiguity between this <br /> Planned Unit Development Agreement and other agreements between the City and the <br /> Developer, this Planned Unit Development Agreement shall control. <br /> Developer Initial (94 <br /> City Clerk Initial_ <br /> Page 10 of 13 <br />