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12-06-1995 Council Agenda
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12-06-1995 Council Agenda
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304291.2 <br />completion of the Project, for inspection during construction or otherwise with <br />respect to the Project. <br />9.19 Time is of the essence in the performance of this Agreement. <br />9.20 The Developer shall bear all loss, expense (including reasonable <br />attorney's fees) and damage in connection with, and agrees to indemnify and hold <br />harmless the EDA, its agents, servants and employees from all claims, demands and <br />judgments made or recovered against the EDA, its agents, servants and employees, <br />because of bodily injuries, including death at any time resulting from such injuries and <br />because of damages to property of the EDA and others (including loss of use), <br />arising out of, incidental to, or in connection with the Project or the construction of <br />the Project, whether or not due to any act of omission or commission, including <br />negligence of the Developer, Contractors or any subcontractor or their employees, <br />servants or agents, and whether or not due to any action of omission or commission <br />of the EDA or its employees, servants or agents. The Developer's liability hereunder <br />shall not be limited to the extent of insurance carried or provided by the Developer <br />or subject to any exclusions from coverage in any insurance policy. The Developer <br />further agrees to indemnify from and reimburse the EDA, its successors and assigns, <br />for any loss, liability, damage, cost or expense (including, without limitation, <br />reasonable attorneys' fees) incurred by the EDA resulting from or arising out of the <br />breach, misstatement or misrepresentation of any representations, warranties or <br />covenants contained in this Agreement. The obligations of the Developer under this <br />Section shall survive the termination of this Agreement and payment of the Note. <br />Page 25 <br />
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