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CC PACKET 02101998
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1998
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CC PACKET 02101998
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Last modified
12/30/2015 6:36:32 PM
Creation date
12/30/2015 6:36:19 PM
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SP Box #
22
SP Folder Name
CC PACKETS 1994-1998
SP Name
CC PACKET 02101998
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• Redeveloper's expense and without expense to the City or the HRA. Redeveloper at its <br /> own expense shall replace any public facilities or utilities damaged during the Project. <br /> Section 3.3 Certificate of Completion. <br /> (a) Promptly after completion of the Project in accordance.with this <br /> Agreement, Redeveloper will provide the HRA with a certificate in form satisfactory to <br /> the HRA executed by the Redeveloper certifying that the Project has been completed in <br /> accordance with the Plans and the Construction Plans, and the HRA will furnish <br /> Redeveloper with an appropriate Certificate of Completion as conclusive evidence of <br /> satisfaction and termination of the agreements and covenants of this Agreement with <br /> respect to the obligations of Redeveloper to complete the Project. <br /> (b) If the HRA shall refuse or fail to provide the Certificate of Completion, <br /> the HRA shall, within 15 days after the Redeveloper provides the certificate referenced <br /> in Section 3.3(a), provide Redeveloper with a written statement specifying in what <br /> respects Redeveloper has failed to complete the Project in accordance with this <br /> Agreement, or is otherwise in default, and what measures or acts will be necessary,in <br /> the opinion of the HRA,for Redeveloper to obtain the Certificate of Completion. <br /> . ARTICLE 4 <br /> Defense of Claims <br /> Section 4.1 Defense of Claims. Redeveloper shall indemnify and hold <br /> harmless the HRA and the City and their respective officers, employees and agents for <br /> any loss, damages and expenses (including attorneys' fees) in connection with any <br /> claims or proceedings arising from damages or injuries received or sustained by any <br /> person or property by reason of any actions or omissions of Redeveloper or its <br /> contractors, agents, officers or employees or arising out of or relating to this Agreement <br /> or the transactions contemplated by this Agreement, other than claims or proceedings <br /> arising from any negligent or unlawful acts or omissions of the HRA, the City or their <br /> contractors, agents, officers or employees, and in connection with any claims or <br /> proceedings related to payment of relocation benefits.to any person as a result of any <br /> redevelopment of the Project Area by the Redeveloper. Promptly after receipt by the <br /> HRA or City of notice of the commencement of any action in respect of which <br /> indemnity may be sought against the Redeveloper under this Section 4.1, such person <br /> will notify the Redeveloper in writing of the commencement thereof, and, subject to the <br /> provisions hereinafter stated, the Redeveloper shall assume the defense of such action <br /> (including the employment of counsel,who shall be counsel satisfactory to the HRA or <br /> City, as the case may be, and the payment of expenses) insofar as such action shall relate <br /> • -6- <br />
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