02 - Laserfiche WebLink

5 8 Change in Construction Plans If Developer desires to make any matenal change in the approved Construction Plans, Developer shall submit the proposed change in writing to the City for its wntten approval, which approval shall not be unreasonably withheld or delayed if the Construction Plans, as modified by any proposed change, conform to the requirements of this Agreement and any approvals issued by City after the Effective Date. Unless a proposed change is approved by City within thirty(30) days, it shall be deemed rejected. If rejected, the previously approved Construction Plans shall continue to remain in full force and effect. Any change in the Construction Plans required in order to comply with applicable codes shall be deemed approved, so long as such change does not substantially nor materially change the architecture, design, function, use, or amenities of the Project as shown on the latest approved Construction Plans Nothing in this Section is intended to or shall be deemed to modify the City's standard plan review procedures 5 9 Rights of Access For the purpose of ensunng that the construction of the Project is completed in compliance with this Agreement, Developer shall permit representatives of the City to enter upon the Property dunng normal business hours following at least 48 hours' wntten notice (except in the case of emergency in which case such notice as may be practical under the circumstances shall be provided) 5 10 City Disclaimer Developer acknowledges that the City is under no obligation, and the City neither undertakes nor assumes any responsibility or duty to Developer or to any third party, to in any manner review, supervise, or inspect the progress of construction or the operation of the Project. Developer and all third parties shall rely entirely upon its or their own supervision and inspection in determining the quality and suitability of the matenals and work, the performance of architects, subcontractors, and matenal suppliers, and all other matters relating to the construction and operation of the Project. Any review or inspection undertaken by the City is solely for the purpose of determining whether Developer is properly discharging its obligations under this Agreement, and shall not be relied upon by Developer or any third party as a warranty or representation by the City as to the quality of the design or construction of the Project or otherwise. 5 11 Defects in Plans The City shall not be responsible to Developer or to any third party for any defect in the Construction Plans or for any structural or other defect in any work done pursuant to the Construction Plans. To the greatest extent allowed by law, Developer shall indemnify, defend (with counsel approved by City) and hold harmless the Indemnitees from and against all Claims arising out of, or relating to, or alleged to anse from or relate to defects in the Construction Plans or defects in any work done pursuant to the Construction Plans whether or not any insurance policies shall have been determined to be applicable to any such Claims. Developer's indemnification obligations set forth in this Section shall survive the expiration or earlier termination of this Agreement and the recordation of a Certificate of Completion. Developer's indemnification obligations pursuant to this Section shall not extend to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees, and are subject to the additional terms set forth in Section 11.2 below 5.12 Certificate of Completion for Project Promptly after completion of construction of the Project, City's issuance of a final Certificate of Occupancy or equivalent for the Project, OAK#4822-6539-6013 v5 1 5