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(a) the presence, release, use, generation, discharge, storage or disposal of any hazardous
<br />materials, on, under, in or about, or the transportation of any such hazardous materials to
<br />or from, the NSP Assisted Units;
<br />(b) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
<br />permit, judgment or license relating to the use, generation, release, discharge, storage,
<br />disposal or transportation of Hazardous Materials on, under, in or about, to or from, the
<br />NSP Assisted Units;
<br />(c) latent material defects in rehabilitation work;
<br />(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.
<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.
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