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process of the City or other government body with jurisdiction over the project will be usurped by the Agreement. The project shall comply with all applicable land use regulations. It is anticipated that the Parties will enter into a separate Developer's Agreement following the approval of a preliminary plat for the project which will govern the particular details, including required improvements, of the project once designed and formally proposed. 13. Developer agrees that all work shall be done and performed in the best and most workmanlike manner. All materials and labor shall be in strict conformity with respect to the approved plans and specifications and improvement standards of the City and shall be subject to the inspection and approval of the City or a duly authorized engineer of the City. In the case any material or labor supplied shall be rejected by the City or engineer as defective or unsuitable, such rejected material shall be removed and replaced with approved material to the satisfaction and approval of the City or engineer and at the sole cost and expense of Developer. Indemnification and Reimbursement 14. Developer agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions of Developer, or its agents or contractors. 15. Developer shall reimburse the City for all costs incurred by the City in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees and administrative services. Insurance 16. Until all of Developer's obligations under this contract are fulfilled, Developer shall provide and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise. Limits for bodily injury or death shall not be less than $2,000,000 for one person and $5,000,000 for each occurrence. Limits for property damage shall not be less than $5,000,000 for each occurrence. The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to commencement of the project. The insurance policy obtained by Developer is subject to City approval. Miscellaneous 17. This Development Agreement cannot be assigned or transferred without prior written approval of the City. 18. Any breach of the terms of this Agreement by Developer shall be grounds for denial of the issuance of any building or occupancy permit. 19. There is no intent to benefit any third parties, and third parties shall have no recourse against the City under this Agreement. 4