03-08-1999 Council Packet - Laserfiche WebLink

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certified mail (re -n receipt requested) to the addresses set forth on Exhibit E. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. 14. Release of Security . Upon performance satisfactory to the City by the Subdivider of the terms of this agreement, excluding the expiration of any guaranty or warranty period herein and the performance by Subdivider of Subdivider's obligations herein uith respect to any such guaranty of warranty, the City will release to the Subdivider cash deposited in escrow in accordance with this agreement or, in case of performance bond or letter of credit shall release such investment in a form satisfactory to the Subdivider. 15. Incorporation bv Reference. All plans, special pro\'isions, proposal, specifications and contracts for the Improvements furnished and let pursuant to this agrement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 16. Release to be Filed in the Chain of Title. Upon performance by the Subdivider of the terms of this agrement, excluding the expiration of any guaranty or warranty period, the City will at Subdivider’s request, provide to the Subdivider for filing a resolution satisfactory to the Subdivider of his performance of this agreement in accordance with its terms. U. Disclaimer bv Citv. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to Subdivider, or Subdivider's contractors, subcontractors, materialmen, laborers or any other persons, firm or corporation, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by ’•eason of the execution of this agrement or the performance and completion of the Improvements. Hold Harmless and Indemnification. The Subdivider shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Subdivider, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder.