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<br />16 <br />LA515\89\721081.v13 <br />Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and <br />deposit the funds in compliance with the Rule, and upon such deposit, the Developer <br />shall release, discharge, and dismiss the City from any further proceedings as it <br />pertains to the funds deposited with the District Court, except that the Court shall <br />retain jurisdiction to determine attorneys’ fees pursuant to this Agreement. <br />B. Except as otherwise specified herein, the Developer shall pay all costs incurred by <br />it or the City in conjunction with the development of the Subdivision, including but <br />not limited to legal, planning, engineering, and inspection expenses incurred in <br />connection with the City’s approval and acceptance of the plats and the Subdivision, <br />the preparation of this Agreement, the City’s review of construction plans and <br />documents, and all costs and expenses incurred by the City in monitoring and <br />inspecting development of the Subdivision. All amounts incurred and due to the City <br />at the time of the recording of the final plats must be fully paid by the Developer prior <br />to the City executing and releasing the final plats for recording. <br />C. The Developer shall hold the City and its officials, employees, and agents harmless <br />from claims made by itself and third parties for damages sustained or costs incurred <br />resulting from the City’s approval of the plats and the development of the <br />Subdivision. The Developer shall indemnify the City and its officials, employees, and <br />agents for all costs, damages, or expenses which the City may pay or incur in <br />consequence of such claims, including attorneys’ fees. <br />D. The Developer shall reimburse the City for costs incurred in the enforcement of this <br />Agreement, including reasonable engineering and attorneys’ fees. <br />E. The Developer shall pay, or cause to be paid when due, and in any event before any <br />penalty is attached, all special assessments referred to in this Agreement. This is an <br />obligation of the Developer and shall continue in full force and effect even if the <br />Developer sells one or more lots, the entire Subdivision, or any portion of it.