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month immediately preceding each application submission date. The application for <br />payment to the City shall be for the amount of the actual costs incurred by Developer <br />associated with the City's portion of such completed and accepted work The application <br />for payment shall be in a form acceptable to City and must include a breakdown of actual <br />costs of the Public Improvements with supporting documentation, including all invoices, <br />payment receipts and any other documentation reasonably requested by the City to support <br />the City's expenditure of public funds. <br />a City Payment. Within 30 days after receipt of each complete (as <br />reasonably determined by the City) written application for payment from <br />Developer, the City will remit payment to Developer in the amount of the <br />application for payment. <br />1.2.5 Payments to Subcontractors and Suppliers. The Developer shall be solely <br />and exclusively responsible for compensating any of its contractors, employees, <br />subcontractors, materialmen and/or suppliers ofany type ornature whatsoever and insuring <br />that no claims or liens of any type will be filed against any property owned by the City <br />arising out of or incidental to the performance of any service performed pursuant to this <br />Agreement. In the event a statutory lien notice is sent to the City, the Developer shall, <br />where no payment bond covers the work, upon written notice from the City, immediately <br />obtain a bond at its expense and hold City harmless from any losses that may result from <br />the filing or enforcement of any said Gen notice. <br />1.2.6 Books and Records. All of the Developer's books and other records related <br />to the design, bidding and construction of the Public Improvements shall be available for <br />inspection by the City upon reasonable prior notice. <br />2.3 GOVERNMENTAL IMMUNITY, INDEMNITY AND RELEASE <br />1.3.1 No Waiver of Immunity. The City's execution of and performance <br />under this Agreement will not act as a waiver of any immunity that the City may have <br />to suit or liability under applicable law. The parties acknowledge that the City, in <br />executing and performing this Agreement, Is a governmental entity acting in ■ <br />governmental capacity. Notwithstanding the foregoing, nothing herein shall limit, <br />waive or prevent the application of the duly adopted laws of the State of Texas with <br />respect to governmental immunity. <br />1.3.1 indemnify and Release. Developer agrees to and shall indemnify, hold <br />harmless, and defend City and Its officers, agents, and employees from and against <br />any and all claims, losses, damages, causes of action, suits, and liability of every bind, <br />including all expenses of litigation, court costs, expert fees and attorney's fees, for <br />Injury to or death of any person, or for damage to any property, or for breach of <br />contract, arising out of or in connection with the work done by Developer, its oMcers, <br />employees, agents and contractors, under this Agreement, regardless of whether such <br />injuries, death, damages or breach are caused in whole or in part by the negligence <br />of City, any other party indemnified hereunder, or the Developer. <br />