RecDoc 2012-040809 333 Main St RWC LLC

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amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the pertormance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations for which the security was given. C. If Owner's obligations relating to any Improvements are subject to the approval of another govemmental agency, the City shall not release the improvement security thereof until the obligations are performed to the satisfaction of such other govemmental agency. Such agency shall have two (2) months after Owner's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Owner's performance of the obligation was done to its satisfaction. 4. INDEMNIFICATION OF CITY BY OWNER A. Neither the City, nor its officers, agents nor employees, shall 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. Owner shall indemnify, hold harmless and defend the 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 attomeys' fees, arising out of or attributable to Owner's performance under this Agreement. Notwithstanding the forgoing, Owner shall not be obligated under this Agreement to defend and/or indemnify the City to the extent that any of the damage or injury is ATTY/AGR/2012.014ISUBDIVISION IIMPROVEMENTAGREEMENT 333 MAIN STREET REV:VR 01I30N2 � � Page 6 af 74