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3.9 Reports, books and other records. Developer shall make its books and other <br />records related to the project available for inspection by City. Developer shall submit to City any <br />and all information or reports requested to verify the expenditures submitted for City participation <br />eligibility including but not limited to bid documents, payment applications, including any <br />supporting information, cancelled checks, copies of construction and engineering documents, as <br />determined by the City Engineer in her sole discretion, for the verification of the cost of the Project. <br />The submission of these reports and information shall be the responsibility of Developer and shall be <br />certified by Developer's Licensed Professional Engineer at Developer's expense and signed by an <br />authorized official of the entity. <br />3.10 This Agreement and the provision of wastewater service through the Wastewater <br />Improvements are subject to all valid and applicable ordinances, fees (including City wastewater <br />impact fees and /or pro rata fees), rules, regulations, and laws of all governmental agencies having <br />lawful jurisdiction over them. <br />IXTA <br />GOVERNMENTAL IMMUNITY, INDEMNITY AND RELEASE <br />4.1 The City's execution of and performance under this agreement will not act as a <br />waiver of any immunity of the City to suit or liability under applicable law. The parties <br />acknowledge that the City, in executing and performing this Agreement, is a governmental <br />entity acting in a governmental capacity. <br />4.2 Indemnity and Release. Developer agrees to and shall indemnify, hold harmless, <br />and defend City and its officers, agents, and employees from and against any and all claims, <br />losses, damages, causes of action, suits, and liability of every kind, including all expenses of <br />litigation, court costs, expert fees and attorney's fees, for injury to or death of any person, or <br />for damage to any property, or for breach of contract, arising out of or in connection with the <br />work done by Developer under this Agreement, regardless of whether such injuries, death, <br />damages or breach are caused in whole or in part by the negligence of City, any other party <br />indemnified hereunder, or the Developer. <br />4.3 Developer shall indemnify and hold City harmless from any claims of suppliers <br />or subcontractors of Developer for improvements constructed or caused to be constructed by <br />Developer. <br />4.4 Developer shall indemnify and hold City harmless from any and all injuries to or <br />claims of adjacent property resulting from or relating to their performance under this <br />Agreement. <br />4.5 Developer assumes full responsibility for the work to be performed hereunder, <br />and releases, relinquishes and discharges City, its officers, agents and employees, from all <br />claims, demands, and causes of action of every kind and character, including the cost of <br />5 <br />