CC PACKET 08222000 - Laserfiche WebLink

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• body against other benefitted properties, all street and utility installations, relocations, alterations and restorations shall be at Redeveloper's expense and without expense to the City or the HRA. Redeveloper at its own expense shall replace any public facilities or utilities damaged during the:Project by the Redeveloper or its agents or by others acting on behalf of or under the direction or control of the Redeveloper. Section 4.2 Certificate of Completion. Promptly after completion of the Project in accordance with the PUD Agreement, the HRA will furnish Redeveloper with an appropriate Certificate of Completion as conclusive evidence of satisfaction and termination of the agreements and covenants of this Agreement with respect to the obligations of Redeveloper to complete the Project. The furnishing by the HRA of the Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Redeveloper to any Mortgagee. Section 4.3 Reimbursement of Portion of Costs of Storm Sewer Improvements. Upon issuance of the Certificate of Completion the HRA will pay to the Redeveloper from funds of the HRA legally available therefor the amount of$300,000 to reimburse the Redeveloper for a portion of the cost of the Storm Sewer Improvements. ARTICLE 5 Defense of Claims: Insurance; Condemnation Section 5.1 Defense of Claims. Redeveloper shall indemnify and hold harmless the HRA and the City and their respective.officers, employees and agents for any loss, damages and expenses (including attorneys' fees) in connection with any claims or proceedings arising from damages or injuries received or sustained by any person or property by reason of any actions or omissions of Redeveloper or its contractors, agents, officers or employees or arising out of or relating to this Agreement or the transactions contemplated by this Agreement, other than claims or proceedings arising from any negligent or unlawful acts or omissions of the HRA, the City or their contractors, agents, officers or employees. Promptly after receipt by the HRA or City of notice of the commencement of any action in respect of which indemnity may be sought against the Redeveloper under this Section 5.1, such person will notify the Redeveloper in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Redeveloper shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to the HRA or City, as the case may be, and the payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Redeveloper. The HRA or the City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Redeveloper unless the employment of such counsel has been specifically authorized by the Redeveloper. The Redeveloper shall not be liable to indemnify any person for any settlement of any such action effected without its • -9-