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DRAFT
<br /> 4.15.2004
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<br /> 3.13. Choice of Law and Venue. This Agreement shall be governed by and construed in
<br /> accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
<br /> arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all
<br /> parties to this Agreement waive any objection to the jurisdiction of these courts, whether based
<br /> on convenience or otherwise.
<br /> 3.14. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its
<br /> officers, agents, and employees shall not be liable or responsible in any manner to the Developer,
<br /> Developer's successors or assigns, the Developer's contractor or subcontractors, material suppliers,
<br /> laborers,or to any other person or persons for any claim, demand, damage, or cause of action of any
<br /> kind or character arising out of or by reason of the execution of this Agreement or the performance
<br /> and completion of the Improvements. The Developer, and the Developer's successors or assigns,
<br /> agree to protect, defend and save the City, and its officers, agents, and employees,harmless from all
<br /> such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of
<br /> defending the same, including but not limited to, attorneys fees, consulting engineering services,
<br /> and other technical, administrative or professional assistance. Nothing in this Agreement shall
<br /> constitute a waiver or limitation of any immunity or limitation on liability to which the City is
<br /> entitled under Minnesota Statutes, Chapter 466,or otherwise.
<br /> 03.15. Compliance with Existing Laws. The Developer warrants that all work performed pursuant
<br /> to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations,
<br /> standards, and specifications of the City.
<br /> 3.16. Building Permits. No occupancy permits shall be issued until:
<br /> A. The site grading is completed and approved by the City.
<br /> B. All public utilities are tested, approved by the City, and in service.
<br /> C. All curbing is installed and backfilled.
<br /> D. The first lift of bituminous is in place and approved by the City.
<br /> E. All building permit fees are paid in full.
<br /> F. No early building permits will be issued.
<br /> The Developer, in executing this Agreement, assumes all liability and costs for damage or
<br /> delays, incurred by the City, in the construction of the Improvements, caused by the Developer, its
<br /> employees, contractors, subcontractors, materialmen or agents. No occupancy permits shall be
<br /> issued until the public streets and utilities are in and approved by the City, unless otherwise
<br /> • authorized in writing by the City.
<br /> SJR-245249v4
<br /> MU205-29
<br /> E-9
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