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except such as may arise fi.om the negligence or willful misconduct of the Agency and/or the
<br />City, or their officers, members, agents or employees.
<br />
<br /> Developer's undertaking and duty to defend, indemnify and save harmless the Agency
<br />and the City under this Section 506 arising subsequent to the Election to Fund, shall extend to
<br />and cover any claim that may be brought against the Agency and/or the City on the grounds of
<br />the discovery of hazardous materials on the Project Site; provided that the duties of Developer
<br />under this Section 506 shall not extend to (a) the indemnification of the Agency and/or the City
<br />where the Agency and/or the City or their members, officers, employees, agents or independent
<br />contractors bear responsibility, directly or indirectly, for (1) the presence of hazardous materials
<br />on the Project Site, or (2) any injuries to, or death of any person or persons, or damage to any
<br />property resulting fi.om the presence on the Project Site of the hazardous materials to which
<br />reference is made in clause (1) of this sentence, or (b) the indemnification of the Agency or the
<br />City with respect to any claim arising out of or in connection with the discovery of hazardous
<br />materials on the City-Retained Parcel (except if and to the extent Developer is responsible for
<br />placing such hazardous materials on the City-Retained Parcel).
<br />
<br /> The Agency and the City shall be obligated, jointly and severally, to defend, indemnify
<br />and save harmless Developer and its officers, employees, partners, members, shareholders,
<br />agents, attorneys and owners against any claims or litigation brought by third parties and directly
<br />arising fi.om the negligence or willful misconduct of the Agency and/or the City or its agents
<br />which may arise out of or in any manner be connected with the performance by the Agency
<br />and/or the City of their duties under this Agreement.
<br />
<br /> §507
<br />
<br /> For the purpose of assuring compliance with this Agreement, representatives of the
<br />Agency shall have the right of access to and over the Project Site, without charges or fees, at
<br />normal construction hours during the period of construction for the purposes of this Agreement,
<br />including, but not limited to, the inspection of the work being performed in constructing the
<br />improvements, so long as such representatives comply with all safety rules. Developer will not
<br />be responsible in any manner whatsoever for any liabilities arising fi.om the negligence, or
<br />willful misconduct, of the Agency or any of its agents, servants, employees and contractors in
<br />connection with the exercise of the right of access granted hereunder.
<br />
<br /> §508 Local. State and Federal Laws
<br />
<br /> Developer shall carry out the construction of the improvements in confomdty with all
<br />applicable laws, including the Prevailing Wage Policy of the Agency set forth in its Resolution
<br />No. RDA 88-07, which policy Developer agrees is applicable to the Project.
<br />
<br /> §509 Anti-Discrimination During Constructioll
<br />
<br /> Developer, for itself and its successors and assigns, agrees that in the construction of the
<br />improvements provided for in this Agreement, Developer will not discriminate against any
<br />employee or applicant for employment because of race, color, creed, religion, age, sex, sexual
<br />preference, marital stares, handicap, national origin or ancestry.
<br />
<br /> §510 Taxes, Assessments, Encumbrances and Lien~
<br />
<br /> Developer shall pay when due all real estate taxes and assessments assessed and levied on
<br />the Project Site for any period subsequent to conveyance of title to or delivery of possession of
<br />the Acquisition Parcels. Prior to the issuance of a Certificate of Completion, Developer shall
<br />not, except as expressly permitted by Section 511 of this Agreement, place or allow to be placed
<br />
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<br />DOCSSFl:495065.9
<br />9975.5 NWN
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