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(d) any construction defect;
<br /> (e) personal injury, including death, of the employees, agents, officers, and/or volunteers of
<br /> Developer, and/or any subcontractors, independent contractors, partners, and/or
<br /> subsidiaries;
<br /> (f) property damage claims of the employees, agents, officers, and/or volunteers of
<br /> Developer, and/or any subcontractors, independent contractors, partners, and/or
<br /> subsidiaries;
<br /> (g) delay in rehabilitation;
<br /> (h) personal injury, including death, of any third party;
<br /> (i) property damage claims of any third party; and
<br /> (j) the failure to make required real estate disclosures to subsequent buyers of the NSP
<br /> Assisted Units.
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<br /> Developer's obligation to indemnify as set forth in this Agreement shall extend to loss or
<br /> damage, expenses, injuries, death to any person, damage to real or personal property, claim,
<br /> demand, suit, action, judgment, settlement, reasonable attorney's fees, costs, or proceedings of
<br /> any kind that, are discovered or accrue, either before or after the termination of this Agreement.
<br /> Notwithstanding the foregoing, Developer shall not be required to indemnify and hold harmless
<br /> the City for liability attributable to the active negligence or intentional misconduct of the City or
<br /> any of its boards, officers, employees, representatives or agents.
<br /> 910. Attorney's Fees. In any action between the parties to interpret, enforce, reform,
<br /> modify, rescind, or otherwise in connection with any of the terms or provisions of this
<br /> Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive
<br /> relief, or any other relief to which it might be entitled, reasonable costs and expenses including,
<br /> without limitation, litigation costs and reasonable attorneys' fees.
<br /> 911. Titles and Captions. Titles and captions are for convenience of reference only and
<br /> do not define, describe or limit the scope or the intent of this Agreement or of any of its terms.
<br /> Reference to section numbers are to sections in this Agreement, unless expressly stated
<br /> otherwise.
<br /> 912. Interpretation. As used in this Agreement, masculine, feminine or neuter gender
<br /> and the singular or plural number shall each be deemed to include the others where and when the
<br /> context so dictates. The word "including" shall be construed as if followed by the words
<br /> "without limitation." This Agreement shall be interpreted as though prepared jointly by both
<br /> parties.
<br /> 913. Severability. If any term, provision, condition or covenant of this Agreement or its
<br /> application to any party or circumstances shall be held, to any extent, invalid or unenforceable,
<br /> the remainder of this Agreement, or the application of the term, provision, condition or covenant
<br /> to persons or circumstances other than those as to whom or which it is held invalid or
<br /> unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent
<br /> permitted by law.
<br /> 18
<br /> 25K-34
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