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CC PACKET 05301989
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1989
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CC PACKET 05301989
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Last modified
12/30/2015 4:37:07 PM
Creation date
12/30/2015 4:36:53 PM
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SP Box #
18
SP Folder Name
CC PACKETS 1987-1989
SP Name
CC PACKET 05301989
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obligations of Redeveloper to construct such unit . Any <br /> Certificate of Completion furnished- by the HRA shall not <br /> constitute evidence of compliance with or satisfaction of any <br /> obligation of Redeveloper to any Mortgagee. <br /> (b) If the HRA shall refuse or fail to provide a <br /> Certificate of Completion, the HRA shall., within 15 days after <br /> the Redeveloper provides the architect ' s certificate referenced <br /> in Section 4 . 4(a) , provide Redeveloper with a written statement <br /> specifying in what respects Redeveloper has failed to complete <br /> the specific unit of the Minimum Improvements in accordance <br /> with this Agreement , or is otherwise in default, and what <br /> measures or acts will be necessary, in the opinion of the HRA, <br /> for Redeveloper to obtain the Certificate of Completion. <br /> - (c) The construction of the Minimum Improvements will <br /> be deemed substantially completed when the City has issued a <br /> certificate of occupancy for the all of the Minimum <br /> Improvements and has made a finding that the improvements <br /> conform to the Construction Plans . <br /> ARTICLE 5 <br /> Defense of Claims; Insurance <br /> Section 5 . 1 Defense of Claims . Redeveloper shall <br /> indemnify and hold harmless the HRA and the City and their <br /> respective officers , employees and agents for any loss , damages <br /> and expenses (including attorneys ' fees) in connection with any <br /> claims or proceedings arising from damages or injuries received <br /> or sustained by any person or property by reason of any actions <br /> or omissions of Redeveloper or its contractors , agents , <br /> officers or employees under this Agreement, other than claims <br /> or proceedings arising from any negligent or unlawful acts or <br /> omissions of the HRA, the City or their contractors , agents, <br /> officers or employees, and from any loss, damages and expenses <br /> ( including attorney' s fees) that may be occasioned by any <br /> claims or proceeding brought by the initial owner of the Note <br /> or any person to whom the Note is transferred by such initial <br /> owner , pertaining to the issuance, sale and delivery of the <br /> Note and performance by the HRA of its obligations under the <br /> Mote Resolution (other than any claim or proceeding relating to <br /> the establishment of the Redevelopment Plan, Project or Tax <br /> Increment District by the HRA or authority of HRA to execute <br /> this Agreement or the Note or to perform thereunder) . Promptly <br /> after receipt by the HRA or City of notice of the commencement <br /> of any action in respect of which indemnity may be sought <br /> against the Redeveloper under this Section 5 . 1 , such person <br /> will notify the Redeveloper in writing of the commencement <br /> thereof, and, subject to the provisions hereinafter stated, the <br /> -9- <br />
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