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% • <br />10- Incorporation by Reference: All plans, special pro­ <br />visions, proposals, specifications and contracts for the Improvements <br />furnished and let pursuant to this agreement shall be and hereby are <br />made a part of this agreement by reference as fully as if set out <br />herein in full. <br />Pisclaimer by City: It is understood and agreed that <br />the City, the City Council, and the agents and employees of the City <br />shall not be personally liable or responsible in any manner to the <br />Developer or Developer's contractors, subcontractors, materialmen, <br />laborers, or any other person, firm or corporation, for any debt, <br />claim, demand, damages, actions or causes of action of any kind or <br />character, arising out of or by reason of the execution of this <br />agreement or the performance and completion of the Improvements, <br />12. Ho_ld Harmless and Indemnification: The Developer <br />shall indemnify and hold harmless the City, the City Council, and <br />the agents and employees of the City from and against all claims, <br />damages, losses or expenses, including attorney fees, which the Ciiy <br />City Council and agents and employees of the City may suffer or for <br />which it may be held liable, arising out of or resulting from the <br />assertion against them of any claims, debts or obligations in con­ <br />sequence of the performance of this agreement by the Developer, its <br />employees, agents or subcontractors, whether or not caused in part <br />by a party indemnified hereunder. <br />13. Remedy for Default: Default by the Developer of any <br />of the terms of this agreement shall automatically result in the <br />suspension or withholding of all permits, licenses, occupancy <br />^^^tificates or other authorizations issued by the City in connection <br />with the property included in this development. <br />A. The Developer hereby grants to the City, its agents <br />and its employees, the right to enter on the property <br />for the specific purpose of constructing or completing <br />any and all of the agreed upon Improvements should the <br />Developer not complete those Improvements by the date <br />specified in Section 4-B. <br />B. The remedies afforded to the City under this Section <br />shall be in addition to any ether remedies to which the <br />City may be entitled by lav* or other agreement. <br />Initials of Developer <br />Initials of City Clerk <br />Page 6 of 7