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10. incorporation by Reference: All plans, spec' 1. provisions, <br />proposals, specifications and contracts for the Improvements rurnished as let <br />pursuant to this agreement shall be and hereby are made a part of this agreement by <br />reference as fully as If set out herein in full. <br />11. Disclaimer by City: It is understood and agreed that the City, the <br />City Council, and the agents and employees of the City shall not be personally <br />liable or responsible in any manner to the Developer or Developer's contractors, <br />subcontractors, materialmen, laborers, or any other person, firm or corporation, <br />for any debt, 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 agreement or the <br />performance and completion of the Improvements. <br />12. Hold Harmless and Indemnification: The Developer shall <br />indemnify and hold harmless the City, the City Council, and the agents and <br />employees of the City from and against all claims, damages, losses or expenses, <br />including attorney fees, which the City, City Council and agents and employees of <br />the Citymay 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 consequence <br />of the performance of this agreement by the Developer, its employees, agents or <br />subcontractors, whether or not caused in part by a party indemnified hereunder. <br />13. Remedy for Default: Default by the Developer of any of the terms of <br />this agreement shall automatically result In the suspension or withholding of all <br />permits, licenses, occupancy certif icates or other authorizations Issued in this <br />development. <br />The Developer hereby grants to the City, its agents and its <br />employees, the right to enter on the property for the specific <br />purpose of constructing or completing anyand all of the agreed upon <br />Improvements should the Developer not complete those Improvements <br />by the date specified in Section C-H. <br />The remedies afforded to the City under this Section shall be in <br />addition to any other remedies to which the City may be entitled by <br />law or other agreement. <br />IN WITNESS WHEREOF, the City and Subdivider have caused this agreement <br />to be duly executed on the day and year first above written. <br />Page 5 of 7 <br />