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subcontractors, materialmen, laborers, or any other <br /> person, firm or corporation, for any debt, claim, demand, <br /> damages, actions, or causes of action of any kind or <br /> character, arising out of or by reason of the execution <br /> of this agreement or the performance and completion of the <br /> improvements. <br /> 13 . Hold Harmless and Indemnification: The Developer shall <br /> indemnify and hold harmless the City, the City Council, <br /> and the agents and employees of the City from and against <br /> all claims, damages, losses or expenses, including <br /> attorney fees, which the City, City Council and agents and <br /> employees of the City may suffer or for which it may be <br /> held liable, arising out of or resulting from the <br /> assertion against them of any claims, debts or <br /> obligations in consequence of the performance of this <br /> agreement by the Developer, its employees, agents or <br /> subcontractors, whether or not caused in part by a party <br /> indemnified hereunder. <br /> 14 . Remedy for Default: Default by the Developer of any of <br /> the terms of this agreement shall automatically result in <br /> the suspension or withholding of all permits, licenses, <br /> occupancy certificates or other authorizations issued by <br /> the City in connection with the property included in this <br /> development. The remedies afforded to the City under this <br /> Section shall be in addition to any other remedies to <br /> which the City may be entitled by law or other agreement. <br /> Default by the City shall entitle the Developer to seek <br /> injunctive/mandatory relief through the courts, together <br /> with other relief as the law may provide. <br /> 15. Controlling Agreement. To the extent that there is any <br /> difference or ambiguity between this Planned Unit <br /> Development Agreement and other agreements between the <br /> city and the developer, this Planned Unit Development <br /> Agreement shall control . <br /> IN WITNESS WHEREOF, the City and Developer have <br /> caused this agreement to be duly executed on the day and year <br /> first above written. <br /> In Presence of: CITY OF ORONO <br /> •---'/ Iii ; „.,_-L ';�/_ '7/0, `-By: ai j ., j'.-1-�',; -., =ii” \^�-, <br /> (Ma 'or) �. .......... <br /> i y / 1 /. <br /> // <br /> B ' ity -rk) <br /> •= .-tY! THERESA L. NAAB NOTARY PUBLIC - MINNESOTA <br /> HENNEPIN COUNTY <br /> t My commission expires 9-8-92 <br /> Initials of Developer . '` <br /> Initials of City Clerk <br /> Page 5 of 6 <br />