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13. <br />14. <br />15. <br />subcontractorsf 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 />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 />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 />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 />' • ^ \ . t, <br />C ^ * V * * , *,# / *3 * * » / let I I ^ ^ i A <br />• ; <br />THERESA L. NAAB <br />notary puolic • Minnesota <br />HENNEPIN COUNTY <br />My commiMlon •npxt* 9-5-92 <br />Page 5 of 6 <br />Initials of Developer <br />Initials of City Clerk~^^Ad <br />1^