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occurs. The retainage may be used to pay for warranty work. The City standard specifications for <br />utilities and street construction identify the procedures for final acceptance of streets and utilities. <br />29. RESPONSIBILITY FOR COSTS. <br />A. Except as otherwise specified herein, the Developer shall pay all costs <br />incurred by it or the City in conjunction with the development of the Land, including but not <br />limited to Minnehaha Creek Watershed District charges, legal, planning, engineering and <br />inspection expenses incurred in connection with approval and acceptance of the Plat, the <br />preparation of this Contract, review of construction plans and documents, and all costs and <br />expenses incurred by the City in monitoring and inspecting development of the Land. <br />B. The Developer shall hold the City and its officers, employees, and agents <br />harmless from claims made by itself and third parties for damages sustained or costs incurred <br />resulting from Plat approval and development of the Land. The Developer shall defend and <br />indemnify the City and its officers, employees, and agents against any claims or lawsuits of any <br />kind or arising out of or related to the Plat, including all approvals and permits issued as a result <br />of the Plat, and for all costs, damages, or expenses which the City may pay or incur in <br />consequence of such claims, including attorneys' fees. <br />C. The Developer shall reimburse the City for reasonable costs incurred in <br />the enforcement of this Contract, including engineering and attorneys' fees. <br />D. The Developer shall pay, or cause to be paid when due, and in any event <br />before any penalty is attached, all special assessments referred to in this Contract. This is an <br />obligation of the Developer and shall continue in full force and effect even if the Developer sells <br />one or more lots, the Land, or any part of it. <br />235929v3