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in a manner that creates the least possible obstruction and inconvenience to the public and all
<br /> property owners in the area of any work. The Developer and any contractors and subcontractors
<br /> selected by the Developer shall be solely liable and responsible for ensuring that all of the work
<br /> is conducted at all times in a safe manner that does not injure or damage any workers, any
<br /> individuals, or any private or public property. All contractors selected to perform any of the
<br /> work shall provide and maintain such fences, barriers, directional signs, lights, and flagmen as
<br /> are necessary to give adequate warning to the public at all times of any conditions to be
<br /> encountered as a result of the work and to give directions to the public. The Developer and any
<br /> selected contractor shall ensure that all unsafe conditions created by the work are promptly
<br /> remedied and that any unsafe conditions created by the work are protected by barriers,
<br /> safeguards, and warnings preventing vehicular, bicycle or walking access to any unsafe areas.
<br /> It shall be the sole responsibility of the Developer and any contractor selected by
<br /> Developer to ensure that the work is performed at all times in a manner that does not injure or
<br /> harm any person or injure or damage any real or personal property of any person or entity. All
<br /> work shall be performed only in the areas expressly identified on the approved Plans. The
<br /> Developer shall ensure that all contractors and subcontractors operate entirely within the limits of
<br /> the project site identified on the approved Plans. No equipment or materials may be used,
<br /> parked, stockpiled, or stored outside the project site or designated contractor staging areas. The
<br /> Developer and all contractors and subcontractors shall not enter onto, occupy, or disturb any
<br /> privately owned land not owned by the Developer or any public or private habitat not scheduled
<br /> for removal in the approved Plans with any men, tools, materials, dirt, or equipment. The
<br /> Developer shall ensure that all contractors, subcontractors, materialmen, and suppliers do not, at
<br /> any time, conduct any of the work in any manner that creates any public or private nuisance or
<br /> trespass on the land of any private party other than Developer or any land or rights of any public
<br /> agency. It shall be the sole responsibility of Developer and all contractors and subcontractors
<br /> selected by Developer to conduct the work at all times in a manner that avoids creating any
<br /> nuisance or trespass on any real or personal property owned any private party other than
<br /> Developer or any public agency.
<br /> The Developer hereby agrees to indemnify, defend, and hold harmless the City and its
<br /> directors, officers, employees, and agents from and against any and all liability, claims, causes of
<br /> action, actions, damages, losses, fees, costs, or expenses, of whatever type or nature, including all
<br /> costs of defense, attorneys' fees, and claim fees or costs, arising out of or resulting from
<br /> performance of any of the work which results in any injury or damage to any persons or property
<br /> including wrongful death regardless of whether or not such claim, cause of action, damage, loss
<br /> or expense is caused in whole or in part by the negligence, active or passive, of the City or any of
<br /> its directors, officers, agents, employees, or consultants except only those claims and causes of
<br /> action caused by the sole active negligence or intentional misconduct of the City or its agents or
<br /> representatives. From and after the date of submission of any claim or demand to the City, the
<br /> City shall recover from the Developer all attorneys' fees, expert fees and costs, claim costs, and
<br /> staff time involved in handling the claim or any subsequent action on the claim at the standard
<br /> hourly rates for City staff handling the claim or action.
<br /> Section 4.06. Responsibility for Loss, Damage or Injury. The Developer shall be
<br /> solely responsible for all liability, claims, causes of action, demands, losses, costs, fees,
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