CC PACKET 09261989 - Laserfiche WebLink

Home Browse Search

obligations of Redeveloper to construct such unit . Any Certificate of Completion furnished by the HRA shall not constitute evidence of * compliance with or satisfaction of any obligation of Redeveloper to any Mortgagee . (b) If the HRA shall refuse or fail to provide a Certificate of Completion, the HRA shall , within 15 days after the Redeveloper provides the architect ' s certificate referenced in- Section 4 . 4 (a) , provide Redeveloper with a written statement specifying in what respects Redeveloper has failed to complete the specific unit of the Minimum Improvements in accordance with this Agreement, or is otherwise in default , and what measures or acts will be necessary, in the opinion of the HRA, for Redeveloper to obtain the Certificate of Completion. (c) The construction of the Minimum Improvements will be deemed substantially completed when the City has issued a certificate of occupancy for the all of the Minimum Improvements and has made a finding that the improvements conform to the Construction Plans.. ARTICLE 5 . " Defense of Claims ; Insurance • Secti'on .b . l Defense of Claims . Redeveloper shall indemnify and hold harmless the HRA and the City and their respective o'ffi.cers, 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 under 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 , and from any loss , damages and expenses (including attorney' s fees) that may be occasioned by any claims or proceeding brought by the initial owner of the Note or any _person to whom the. Note is transferred by 'such initial owner, pertaining to the issuance, sale and delivery of the Note and performance by the HRA of its obligations under the Note Resolution (other. than any claim or proceeding relating to the establishment of the Redevelopment Plan, Project or Tax Increment District by the HRA or authority of HRA to execute this Agreement or the Note or to perform thereunder).. 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 -9-