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9. Notices: Whenever in this agreement it shall be required or permitted that notice or <br /> demand be given or served by either party to this agreement to or on the other party, such notice <br /> or demand shall be delivered personally or mailed by United States certified mail (return receipt <br /> requested) to the addresses set forth below. Such notice or demand shall be deemed timely given <br /> when delivered personally or when deposited in the mail in accordance with the above. <br /> Notice to City Notice to Developer <br /> City of Orono Alfred P. Richie and Marilyn A. Richie <br /> Clerk/Administrator 450 Highcroft Road <br /> P.O. Box 66 Wayzata, MN 55391 <br /> Crystal Bay, MN 55323 <br /> 10. Incorporation by Reference: All plans, special provisions, proposals, specifications and <br /> contracts for the Improvements furnished and let pursuant to this agreeemnt shall be and hereby are <br /> made a part of this agreement by reference as fully as if set out herein in full. <br /> 11. 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 to the <br /> Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, <br /> firm or corporation, for any debt, 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 Improvements. <br /> 12. 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 and <br /> employees of the City may suffer or for which it may be held liable, arising out of or resulting <br /> from the assertion against them of any claims, debts or obligations in consequence of the <br /> performance of this agreement by the Developer, its employees, agents or subcontractors, whether <br /> or not caused in part by a party indemnified hereunder. <br /> 13. 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 certificates <br /> or other authorizations issued by the City in connection with the property included in this <br /> development. <br /> Initials of Subdivider <br /> Initials of City Clerk <br /> Page 4 of 7 <br />