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6.13. - Page 13 of 64 <br />City and Developer's relationship to City, if any, arising herefrom is strictly that of an <br />independent contractor. <br />17. Indemnification. <br />17.1 Neither City, nor its officers, agents nor employees, will be liable or <br />responsible for any accident, injury, loss, or damage to either property or person <br />attributable to or arising out of the construction or installation of the Improvements. <br />Developer will indemnify, hold harmless and defend City, its officers, agents and <br />employees, from and against any and all losses, claims, costs, expenses, <br />liabilities, damages, actions, causes of action and judgments, including reasonable <br />attorneys' fees, arising out of or attributable to Developer's performance under this <br />Agreement. Notwithstanding the forgoing, Developer will not be obligated under <br />this Agreement to defend and/or indemnify City to the extent that any of the <br />damage or injury is caused by the gross negligence or willful misconduct of City or <br />its agents or employees. <br />17.2 Developer's obligations under this Section 17 are not conditioned or <br />dependent upon City, or its officers, agents and employees, whether City prepared, <br />supplied or reviewed any Improvement Plans or related specifications in <br />connection with the Project or the Improvements, or whether City has insurance or <br />other indemnification covering any of these matters. <br />17.3 Developer's obligation to indemnify, hold harmless and defend City <br />will extend to injuries to persons and damages to or alleged taking of property <br />resulting from the design or construction of the Project, and the Improvements <br />required herein, and will likewise extend to adjacent property owners asserting <br />claims based upon the diversion of waters caused by Developer's design or <br />construction of public drainage systems, streets, and other public facilities or <br />Improvements. The City's acceptance of the Improvements will not constitute an <br />assumption by City of any responsibility or liability for any damage or alleged taking <br />of property referenced herein. City will not be responsible or liable for the design <br />or construction of the Project or the Improvements constructed or installed <br />pursuant to the approved Improvements Plans or the Final Map. After City's <br />acceptance of the Improvements, Developer will remain obligated to correct or <br />eliminate all dangerous conditions created by defects in design or construction; <br />provided, however, that Developer will not be responsible for routine maintenance. <br />Developer's obligations under this Section 17 will remain in effect for ten (1 Q) years <br />following acceptance of the Improvements by the City Council. Developer <br />acknowledges and agrees that Developer will be responsible and liable for the <br />design and construction of the Improvements and other work done pursuant to this <br />Agreement, and City will not be liable for any acts or omissions in approving, <br />reviewing, checking, correcting or modifying any Improvement Plans or related <br />specifications, or in inspecting, reviewing or approving any work or construction of <br />Improvements. The Developer's improvement security will not be required to <br />secure Developer's obligations under this Section 17 beyond the one-year <br />guarantee and warranty period. If, in any judicial proceedings involving statutory <br />REV: 02-06-2021 PR <br />ATTYIAGR.2021.0031Pinn Bros (Page 8 of 22) 42 <br />