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13 <br /> <br />of good quality, and disease free for one year after planting. Any replacements shall be <br />similarly warranted for one year from the time of planting. The warranty period for <br />street and drainage and erosion control improvements shall be for two (2) years after <br />completion and acceptance by the CITY; the warranty for the street, drainage and <br />erosion control improvements shall also include the obligation of the DEVELOPER to <br />repair and correct any damage to or deficiency with respect to such improvements. <br /> <br />i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay <br />for all required permits, licenses and approvals, and shall meet, in a timely manner, all <br />requirements of all applicable, local, state and federal laws and regulations which must <br />be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully <br />constructed. A list of the CITY permits, licenses, and approvals required is identified <br />on Exhibit E. <br /> <br /> <br />ARTICLE 10 <br />CITY WARRANTIES <br /> <br />10.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and <br />represents as follows: <br /> <br />a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly <br />existing in good standing the laws of the State of Minnesota. <br /> <br />b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into <br />and perform its obligations under this DEVELOPMENT AGREEMENT. <br /> <br /> <br />ARTICLE 11 <br />INDEMNIFICATION OF CITY <br /> <br />11.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT <br />under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the <br />claim, loss or damage, DEVELOPER shall indemnify, defend and hold the CITY, its <br />COUNCIL, agents, employees, attorneys and representatives harmless against and in respect <br />of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, <br />liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' <br />fees, that the CITY incurs of suffers, which arise out of, result from or relate to: <br /> <br />a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; <br /> <br />b) failure of the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS <br />according to the DEVELOPMENT PLANS and the CITY ordinances, standards and <br />specifications; <br /> <br />c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation <br />or agreement on its part to be observed or performed under this DEVELOPMENT <br />AGREEMENT; <br /> <br /> <br />d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or