Laserfiche WebLink
<br />occurring at or about or resulting from any defect in the Project, or any other loss, cost expense, <br />or penalty, except to the extent caused by any willful misrepresentation or any willful or wanton <br />misconduct of the Indemnified Parties. <br />(2) Except for any willful misrepresentation or any willful or wanton misconduct of <br />the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now <br />and forever, and further agrees to hold the Indemnified Parties harmless from any claim, demand, <br />suit, action or other proceeding whatsoever by any person or entity whatsoever arising or <br />purportedly arising from the actions or inactions of the Developer (or if other persons acting on its <br />behalf or under its direction or control) under this Agreement, or the transactions contemplated <br />hereby or the acquisition, construction, installation, ownership, and operation of the Project; <br />including, without limitation, any pecuniary loss or penalty (including interest thereon at the rate <br />of 5.00% per annum from the date such loss is incurred or penalty is paid by the City) as a result <br />of the Project failing to cause the TIF District to qualify as a “redevelopment district” under Section <br />469.174, subdivision 10, of the TIF Act, or to violate limitations as to the use of Tax Increments <br />as set forth in Section 469.176, subdivision 4d of the TIF Act. <br />(3) All covenants, stipulations, promises, agreements and obligations of the City <br />contained herein shall be deemed to be the covenants, stipulations, promises, agreements and <br />obligations of the City and not of any governing body member, officer, agent, servant or employee <br />of the City, as the case may be. This Section 4.5 shall survive termination of this Agreement and <br />shall be binding on the Developer regardless of the enforceability of any other provision of this <br />Agreement. <br />Section 4.6. Reimbursement of Attorneys’ Fees. If an Event of Default under Section <br />4.1 hereof occurs, and the City employs attorneys or incurs other reasonable expenses for the <br />collection of payments due hereunder, or for the enforcement of performance or observance of any <br />obligation or agreement on the part of the Developer contained in this Agreement, the Developer <br />will within 30 days reimburse the City for the reasonable fees of such attorneys and such other <br />reasonable expenses so incurred. <br /> <br />16 <br />EL185-50-718703.v2 <br /> <br />