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Developer acknowledges that its failure to implement the plans and exhibits as <br /> contained herein may cause flooding and/or damage to adjoining property owners. In <br /> such event, Developer agrees to hold City harmless and indemnifies City from claims of <br /> all third parties or Developer for damages arising out of such flooding and/or damages. <br /> The parties recognize that time is of the essence in controlling erosion. In the event of <br /> an emergency situation requiring immediate action to prevent loss or damage to <br /> persons or property, to be determined at the sole discretion of City, the notice and cure <br /> provisions of section XXIX shall not apply and City is authorized to undertake any <br /> corrective action it deems necessary to prevent or minimize any such flooding and/or <br /> damage. In such event, Developer agrees to hold City harmless and indemnify City <br /> from claims of all third parties for damages arising out of said corrective action by City, <br /> and agrees to reimburse City for all out-of-pocket expenses incurred by City arising out <br /> of the corrective action, including but not limited to any costs necessary to re-landscape <br /> disrupted soils located within the Subdivision. <br /> XXII. Responsibility for Costs and Hold Harmless. <br /> A. The Developer shall pay all costs incurred by it or City in connection with <br /> the development of the subdivision, including but not limited to <br /> construction of Developer Improvements, legal, planning, engineering, and <br /> inspection expenses incurred in connection with approval and acceptance <br /> of the Subdivision plat, the preparation of this Agreement, and all <br /> reasonable costs and expenses incurred by the city in monitoring and <br /> inspecting development of the Subdivision. <br /> B. The Developer shall pay in full all bills submitted by the City within thirty <br /> (30) days after receipt. If the bills are not paid on time, the City may halt <br /> all plat development work until the bills are paid in full. <br /> C. The Developer shall hold the City and its officers and employees harmless <br /> from claims made by itself and third parties for damages sustained or <br /> costs incurred resulting from Subdivision plat approval and development. <br /> The Developer shall indemnify the City and its officers and employees for <br /> all costs, damages or expenses that the City may pay or incur in <br /> consequence of such claims, including reasonable attorneys' fees. <br /> Provided that nothing herein shall require Developer to indemnify the City, <br /> its officers or employees from any violation of law or from the <br /> consequences of their own negligence. <br /> D. The Developer shall reimburse the City for its costs incurred in the <br /> enforcement of this Agreement, including engineering and reasonable <br /> attorneys' fees. <br /> E. The Developer agrees to pay for any Environmental Assessments and/or <br /> Environmental Impact Statements, if required. <br /> 11 <br />