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thereof and available amounts in the Improvement Fund to be paid therefor hereunder, except as
<br /> may be otherwise expressly provided in the Conditions of Approval.
<br /> The Developer shall not be relieved of its obligation to construct each Facility and
<br /> Discrete Component thereof and convey each such Facility to the City in accordance with the
<br /> terms hereof, even if (i) because of the limitations imposed by Section 5.06 hereof, the Purchase
<br /> Price for such Discrete Component or Facility is less than the Actual Cost, or cost to the
<br /> Developer, of such Discrete Component or Facility, or (ii) there are insufficient funds in the
<br /> Improvement Fund to pay the Purchase Prices thereof, and, in any event, this Acquisition
<br /> Agreement shall not affect any obligation of any owner of land in the CFD under the Conditions
<br /> of Approval with respect to the public improvements required in connection with the
<br /> development of the land within the CFD.
<br /> Section 4.03. Developer's Liability for Work of Others. The Developer shall be
<br /> solely liable and responsible to the City for all acts and omissions of the Developer's directors,
<br /> officers, agents, owners and employees and for all acts and omissions of all contractors,
<br /> subcontractors, materialmen and suppliers and their respective directors, officers, managers,
<br /> members, agents, owners and employees performing any work on any Facilities or providing any
<br /> materials or supplies included as part of any Facilities. The City and its directors, officers,
<br /> agents and employees including, but not limited to, the City Engineer, shall not be liable in any
<br /> way for any acts or omissions of the Developer, any contractors, any subcontractors, any
<br /> materialmen, any suppliers, or any of their respective directors, officers, managers, members,
<br /> agents, employees or owners. Nothing contained in this Acquisition Agreement shall create any
<br /> contractual relationship between any contractor, subcontractor, materialman or supplier and the
<br /> City. The Developer shall bind each contractor to comply with such requirements of this
<br /> Acquisition Agreement as are applicable to the work being performed by such contractor on any
<br /> Facilities.
<br /> Section 4.04. Environmental Review, Permits and Licenses. The Developer shall be
<br /> solely liable and responsible for completing all environmental review determined necessary or
<br /> appropriate by the City for any Facilities at the Developer's sole cost and expense, for securing
<br /> any and all permits and licenses necessary to perform all of the work on any Facilities, for
<br /> paying all fees and charges necessary to secure any such permit, license, or approval, and for
<br /> giving all notices which are appropriate or necessary to the proper and safe prosecution of the
<br /> work, except as otherwise agreed to by the City. The City shall have no obligation to procure any
<br /> permit, license, or approval necessary to perform all or any portion of the work. Except as set
<br /> forth herein, the Developer shall also be solely liable and responsible for fully complying with
<br /> all requirements of any permits, licenses, or approvals pertaining to all or any of the work. The
<br /> failure of Developer to strictly comply with all requirements of any permits, licenses, or
<br /> approvals applying to all or any of the work shall, subject to any applicable cure period,
<br /> constitute a material breach of this Acquisition Agreement .
<br /> Section 4.05. Public Convenience and Safety. The Developer and the Developer's
<br /> contractors, subcontractors, suppliers, and materialmen shall conduct their operations at all times
<br /> 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
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