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certified mail (return receipt requested) to the addresses set forth on Exhibit O. Such <br />notice or demand shall be deemed timely given when delivered personally or when <br />deposited in the mail in accordance with the above. <br />14. Release of Security . Upon performance satisfactory to the City by the Subdivider <br />of the terms of this agreement, excluding the expiration of any guaranty or warranty <br />period herein and the performance by Subdivider of Subdivider's obligations herein <br />with respect to any such guaranty of warranty, the City will release to the Subdivider <br />cash deposited in escrow in accordance with this agreement or, in case of <br />performance bond or letter of credit shall release such investment in a form <br />satisfactory to the Subdi%ider. <br />15. Incorporatiftn hv Reference. All plans, special provisions, proposal, specifications <br />and contracts for the Improvements furnished and let pursuant to this agreement shall <br />be and hereby are made a part of this agreement by reference as fully as if set out <br />herein in full. <br />16. Release to be Filed in the Chain of Title. Upon performance by the Subdivider of <br />the terms of this agreement, excluding the expiration of any guaranty or warranty <br />period, the City will at Subdivider ’s request, provide to the Subdivider for filing a <br />resolution satisfactory' to the Subdivider of his performance of this agreement in <br />accordance with its terms. <br />A. Disclaimer bv Citv . It is understood and agreed that the City, the City <br />Council, and the agents and employees of the City shall not be personally <br />liable or responsible in any manner to Subdivider, or Subdivider's contractors, <br />subcontractors, materialmen, laborers or any other persons, firm or <br />corporation, for any debt, claim, demand, damages, actions or causes of <br />action of any kind or character arising out of or by reason of tiie execution of <br />this agreement cr the performance and compiction of the Improvements. <br />B. Hnid Harmless and Indemnification . Th?! Subdivider shall indemnify and <br />hold harmless the City, the City Council, and the agents and employees of the <br />City from and against all claims, damages, losses or expenses, including <br />attorney fees, which the City, City Council and agents and employees of the <br />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 <br />consequence of the performance of this agreement by the Subdividcr, its <br />employees, agents or subcontractors, whether or not caused in part by a party <br />indemnified hereunder.