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8 <br />ARTICLE VIII <br /> <br /> Building Permits And Certificates Of Occupancy <br /> <br /> No Certificate of Occupancy permit shall be issued until all improvements as set forth in the <br />Site Plan have been completed and approved by the Building City Official. <br /> <br /> The City Building Official may issue a stop work order for any violations relating to silt <br />fencing, erosion control or tree protection. <br /> <br /> <br />ARTICLE IX <br /> <br />Prohibitions Against Assignment And Transfer; <br />Indemnification <br /> <br /> Section 9.1. Release and Indemnification Covenants. <br /> <br /> (a) AFSA releases from and covenants and agrees that the City, and the <br />governing body members, officers, agents, servants and employees thereof shall not be <br />liable for, and agrees to indemnify and hold harmless the City and the governing body <br />members, officers, agents, servants and employees thereof, against any loss or damage to <br />property or any injury to or death of any person occurring at or about or resulting from <br />any defect in the Improvements or AFSA’s Improvements. <br /> <br /> (b) Except for any willful misrepresentation or any negligent, willful or <br />wanton misconduct of the following named parties, AFSA agrees to protect and defend <br />the City, and the governing body members, officers, agents, servants and employees <br />thereof, now and forever, and further agrees to hold the aforesaid harmless from any <br />claim, demand, suit, action or other proceeding whatsoever by any person or entity <br />whatsoever arising or purportedly arising from this Agreement, or the transactions <br />contemplated hereby or the acquisition, construction, installation, ownership, and <br />operation of the Improvements or AFSA's Improvements and provided that such <br />proceeding is based upon the acts of AFSA or of others acting on behalf or under the <br />direction or control of AFSA. <br /> <br /> (c) The City, and the governing body members, officers, agents, servants and <br />employees thereof shall not be liable for any damage or injury to the persons or property <br />of AFSA, or its officers, agents, servants or employees or any other person who may be <br />about the Property due to any act of negligence of any person, excluding the negligent <br />acts or misconduct of the City, its agents or employees. <br /> <br /> (d) All covenants, stipulations, promises, agreements and obligations of the <br />City contained herein shall be deemed to be the covenants, stipulations, promises, <br />agreements and obligations of the City and not of any governing body member, officer, <br />agent, servant or employee of the City in the individual capacity thereof. <br />