RecDoc2023-001826 242 Walnut Street

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approved bond, the replacement will be filed with the City Engineer and made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security will be released. 12.4 Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Cost of Work, will not relieve or release any improvement security furnished by Developer pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Cost of Work, Developer will furnish additional improvement security for, performance, as required by Subsection 12.1 above, for one hundred percent (100%) of the revised Estimated Cost of Work. 12.5 The City's approved bond forms are attached hereto as Exhibit "B", attached hereto and incorporated by reference. 13. RESERVED. 14. Maintenance and Repair of Green Infrastructure. Prior to issuance of the final Certificate of Occupancy, the Developer shall enter into a Stormwater Treatment Measures Maintenance Agreement in a form acceptable to the City Attorney and City Engineer. 15. Developer Not Agent of City. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents or employees of City and Developer's relationship to City, if any, arising herefrom is strictly that of an independent contractor. 16. Indemnification. 16.1 Neither City, nor its officers, agents nor employees, will be liable or responsible for any accident, injury, loss, or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. Developer will indemnify, hold harmless and defend City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Developer's performance under this Agreement. Notwithstanding the forgoing, Developer will not be obligated under this Agreement to defend and/or indemnify City to the extent that any of the damage or injury is caused by the gross negligence or willful misconduct of City or its agents or employees. 16.2 Developer's obligations under this Section 16 are not conditioned or dependent upon City, or its officers, agents and employees, whether City prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Project or the Improvements, or whether City has insurance or other indemnification covering any of these matters. REV: 09-23-22 JB ATTY/AGR.2022.359/PBA II, LLC (242 Walnut Street) (Page 5 of 15)