08 Plat approval, variance, easement acceptance and subdivision improvements

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(b) In the event the City files an action to enforce the terms of this Agreement, including without limitation, a court action or claim in bankruptcy court, the City will be entitled to its actual court costs and reasonable attorneys' fees. 5.03. Performance Bond Surety In the case where a performance or maintenance bond is the security, the City shall give the Surety thirty (30) days written notice to commence work to complete the Public Improvements or correct a defect if within the warranty period. If the Surety has not commenced work within said thirty (30) day period, the City shall be entitled to complete the work or repair the defect by contract or by its own forces in compliance with Section 2.03 of this Agreement. In such event, the City shall be entitled to reimbursement from the Developer and Surety, jointly and severally, for the actual costs of completion. 5.04. Remedies Cumulative The remedies of the City provided in this Agreement shall be construed to be cumulative and nonexclusive. The City shall also be entitled to exercise all other rights and remedies that are available at law and in equity. Specifically the right to draw down on the proceeds of the Letter of Credit, or Cash Escrow or to require the Surety to complete the work or repair the defect are in addition to and not in lieu of the City's other rights and remedies. ARTICLE VI. INDEMNIFICATION AND INSURANCE 6.01. Indemnity The Developer and its Sureties shall indemnify, defend, and hold the City, its officers, agents and employees harmless from all suits, actions or claims of any character, name and description brought for or on account of any injuries, including death or damages received or sustained by any person or property on account of or arising out of the construction of the Public Improvements or defects existing within the warranty period; or on account of or arising out of the operations of the Developer, its contractor, agents or employees or the contractor's subcontractors, agents or employees; or on account of any negligent act or omission of the Developer, its contractor, agents or employees or the contractor's subcontractors, agents or employees related to or arising from the construction or warranty repair of the Public Improvements described herein. 6.02. Insurance Developer shall be responsible for insuring that all contractors or subcontractors performing any portion of the work to construct or complete the Public Improvements have the appropriate amount and type of commercial general liability, auto liability and SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8 tA S tx!