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<br />229446v1 <br />against all claims, actions, damages, losses and expenses, including reasonable attorney <br />fees, arising out of Developer’s negligence or its performance or failure to perform its <br />obligations under this Contract. Developer’s indemnification obligation shall apply to <br />Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed <br />or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees <br />this indemnity obligation shall survive the completion or termination of this Contract. <br />K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to <br />every other right, power or remedy, express or implied, now or hereafter arising, available to <br />City, at law or in equity, or under any other agreement, and each and every right, power and <br />remedy herein set forth or otherwise so existing may be exercised from time to time as often <br />and in such order as may be deemed expedient by the City and shall not be a waiver of the <br />right to exercise at any time thereafter any other right, power or remedy. <br />L. The Developer may not assign this Contract without the written permission of the City Council. <br />The Developer's obligation hereunder shall continue in full force and effect even if the <br />Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a <br />Certificate of Completion and Release. <br />M. Retaining walls that require a building permit shall be constructed in accordance with plans <br />and specifications prepared by a structural or geotechnical engineer licensed by the State of <br />Minnesota. Following construction, a certification signed by the design engineer shall be filed <br />with the Building Official evidencing that the retaining wall was constructed in accordance <br />with the approved plans and specifications. All retaining walls identified on the development <br />plans and by special conditions referred to in this Contract shall be constructed before any <br />other building permit is issued for a lot on which a retaining wall is required to be built. <br />Page 91 of 379