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Developer's construction activities on the Project or the Additional Project or on the <br />Development Property or the Additional Development Property; or (6) otherwise arising out of <br />or in connection with any environmental, structural or physical conditions with respect to <br />Developer's construction activities on the Development Property or the Additional Development <br />Property. This indemnification and hold harmless agreement shall survive the term or <br />termination of this Agreement. <br />(F) From and after Completion of the Project, the Developer, its permitted successors <br />and assigns shall own, use maintain, insure, replace and keep in good condition and repair and <br />provide reasonable safety for the portions of the Additional Development Property and the <br />Additional Developer Improvements it owns in accordance with the terms of this Development <br />Agreement and all Applicable Laws, until such time as�Developer transfers ownership of the <br />Additional Development Property to the Builder, the hmneowners association described in <br />Section 6(C) or other purchasing party. <br />(G) At all times prior to Completion, the Developer shall carry or cause to be carried <br />policies of insurance in such forms and amounts as set forth on Exhibit =: hereto, naming the <br />Developer, the City and any lender to the Developer as named insureds, to; -the extent of their <br />respective interests, which insurance policies shall include (without limitation) commercial <br />general liability insurance, builder's rislcinsurances, worker's compensation cm erage, property <br />casualty insurance and professional liability ,insurance. <br />(H) The Developer is encu>aged <br />conservation oriented construction standards in <br />Improvements; provided, however, that the appl <br />adversely affect the Developer's construction U( <br />sider and employ green building and <br />Instruction of the Additional Developer <br />of such policies and guidelines will not <br />pro forma for the Additional Project. <br />(I) Subject to the terms and conditions contained herein, the Developer shall <br />construct the Additional Developer Improvements on the Additional Development Property in <br />accordance_ with the Additional Developer Improvement Plans (as approved by the City in <br />accordance with this 'Development Agreement), the requirements of this Development <br />Agreement, and the requirements of applicable federal, state and local laws, including the <br />ordinances ad=regulations ofdhe City ( "Applicable Law," as may be amended or modified by <br />the City's review, bodies, by variance or otherwise, to permit construction of the Additional <br />Developer Improvements, as provided herein). <br />(J) Developer sball cooperate with and timely provide to the City all documents and <br />information as is necess� sufficient to enable the City to levy and collect all taxes, <br />including without limitation, municipal income taxes, as may be or become due and owing to the <br />City from all contractors and subcontractors providing labor, services or materials to the <br />Additional Project. <br />(K) Project Phasing. The Developer's remediation (pursuant to the initial Phase 2 <br />Environmental Site Assessment prepared by EDP Consultants, Inc. at the time of the Original <br />Development Agreement), demolition, grading, site preparation work, construction and <br />completion of the Additional Developer Improvements shall be carried out in an orderly, <br />professional and workmanlike manner, in accordance with all Applicable Laws and generally in <br />(03163827.DOCX;6 ) 11727136.4 (2026928x2) 8 <br />