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mechanic's and mamrialmen's lien waivers showing the Devek~per's full payment for the <br />completed work. The City's Engineer will inspect the work identified m the Developer's request <br />and report the results of his or her inspection to the City. Administrator. The City Administrator <br />will approve the reduction and the outstanding amount of the Letter of Credit when the City __ <br />Administrator is satisfied, based on the Engineer's report, that the amount of the requested <br />reduction accurately reflects the cost of the work the Developer has completed and paid for. Th~ <br />City will release the Letter of Credit when the Developer has completed the work the Letter of <br />Credit secures and the City has inspected and accepted the work. If the Developer fa/Is to obtain <br />a required extension or renewal of a Letter of Credit at least thirty (30) days prior to the stated <br />expiration date of a Letter of Credit, the Developer is in default in the performance of its <br />obligation to obtain and provide the City Mth extensions or renewals of the Letter of Credit and <br />the City may draw on the Letter of Credit without providing the Developer with notice or an <br />opportumty to cure. <br /> <br /> ARTICLE 13 <br />DEFENSE .~d',lD INDEM'N~ICATION OF CITY <br /> <br /> 13.1 DEFENSE OF ~ CITY. The Developer must defend the City, its Council <br />members, employees; agents, independent contractors and attorneys (collectively, the "City <br />Parties"), with legal counsel reasonably acceptable to the City, froth any and all th/rd party <br />demands, claims, actions, suits or proceedings which ar/se out of, result from or relate to any of <br />the following: <br /> <br />(a) <br /> <br />The Developer's failure to perform, any obligation this Master Ageement imposes <br />upon the Developer or to observe any restriction this Master Agreement imposes <br />upon the Developer or the Subject Prope~Wy; <br /> <br />The Developer's failure to pay any contractors, subcontractors, laborers or <br />material suppliers who have provided labor or mater/als at the request of the <br />Developer; <br /> <br />(c) The Developer's construction of the Developer Improvements. <br /> <br />l_f the Developer fails to defend, the City shall h~fve the ri~ht, but not the obligation, to undertake <br />the defense of, and to compromise or settle the claim or other matter, for the account of and at <br />the risk of the Developer. In the event that the Developer fails to defend, all attorneys' fees <br />incurred by the City related to such defense shall be paid for by the Developer. <br /> <br /> 13.2 ]2NrDEMiN'rFICATION OF THE CITY. The Developer must indemmfy the City <br />Parties against and must hold the City Parties haz'mless from any cost, expense, loss, obligation, <br />liability, or damages resulting from a claim within the scope of the Developer's defense <br />obligation under Section t 5. l above; provided, however, the Developer is not obligated to <br />indemnify the City Parties against or to hold the City Pm'ties harmless from liability under any <br />jud~m~nent a court of competent jurisdiction enters against a City partly as a result of the Civ <br />Pony's negligence, willful misconduct, or violation of applicable law. <br /> <br /> 13.3 NOTICE. Within a reasonable.period of time after the CJl-y"s receipt of actual <br />notice of any demand, claim, action, suit or proceeding that is or may be with/n the scope of the <br /> <br /> <br />