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2.8 Permits and Processing Compliance with Laws. Developer, at its sole cost and
<br />expense, shall secure or cause to be secured any and all permits that may be required by City or
<br />any other federal, state, or local governmental entity having or claiming jurisdiction over the
<br />Property or Project. Upon securing any and all permits, Developer shall carry out and perform the
<br />development, operation, and maintenance of the Project in conformity with all applicable federal,
<br />state, and local laws and regulations, and all conditions of approval issued by the City Council and
<br />City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the
<br />City to determine compliance with this Agreement. If any changes to the Project shall materially
<br />alter the ability of Developer to comply with any terms of this Agreement in City's sole
<br />determination, then City shall have the option to declare this Agreement null and void in its sole
<br />discretion.
<br />2.9 Relocation Prior to Development of Project. If relocation is required prior to the
<br />completion of development of the Project, Developer shall have the sole and exclusive
<br />responsibility for providing relocation assistance and paying all relocation costs as may be required
<br />to comply with applicable federal and state laws and regulations. In addition to any other indemnity
<br />provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of
<br />City's choosing and the consent of Developer, which shall not be unreasonably withheld, and
<br />which may be joint defense counsel upon City's and Developer's consent), and hold harmless City
<br />and all of its officials, officers, employees, representatives, volunteers and agents from any and all
<br />alleged or actual claims, causes of action, liabilities, and damages from any third party for
<br />relocation assistance, benefits and costs prior to the completion of the development of the Project.
<br />2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage
<br />contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does
<br />not delay the overall project development schedule.
<br />2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably
<br />necessary to remove any future mechanic's liens or other similar liens (including design
<br />professional liens) against the Property or Project, or any part thereof, by reason of work, labor,
<br />services, or materials supplied or claimed to have been supplied to Developer or anyone holding
<br />the Property or Project, or any part thereof, through or under Developer. Prior to the recording of
<br />this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide
<br />evidence from the Title Company of any new recordings against the Property or Project. City
<br />hereby reserves all rights to post notices of non -responsibility and any other notices as may be
<br />appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by
<br />Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's
<br />choosing and the consent of Developer, which shall not be unreasonably withheld, and which may
<br />be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of
<br />its officials, officers, employees, representatives, volunteers and agents from any and all alleged
<br />or actual claims, causes of action, liabilities, and damages from any third party by reason of a
<br />mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to
<br />Developer or anyone holding the Property or Project, or any part thereof, through or under
<br />Developer.
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