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10. Incorporation by Reference: All plans, special provisions, <br />proposals, specifications and contracts for the Improvements furnished 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 />I . . Disclaimer by City: It is understood and agreed that the City, the <br />City C,.ncil, and the agents and employees of the City shall not be personally <br />:iabl . or responsible in anymanner to the Developer or Developer's contractors, <br />subcontractors, materialmen,laborers, oranyotherperson, firm orcorporation, <br />any debt, claim, demand, damages, actions or causes of action of arty kind or <br />character, arising out of or by reason of the execution of this agreement or the <br />=erformance 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 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 inconsequence <br />of the performance of this agreement by she Developer, its employees, agents or <br />subcontractors, ti:hether or not caused in part by a party indemnified hereunder. <br />13. Remedy for Default: Default by the Developer of anyof the terms of <br />this agreement shall automatically result in the suspension or withholding of all <br />cpermits, licenses, occuparicycertificatesorother author izations issued in this <br />evelcpment. <br />A. 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 any and all of the agreed upon <br />Improvements should the Developer not complete those Improvements <br />by the date specified in Section 4-B. <br />B. The remedies afforded to the City under this Section shall be ir, <br />addition to any other remedies to which the City may be entitled by <br />law or ocher 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 />