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Agreement, and Developer's receipt of such funds pursuant to the <br /> PFA shall not diminish the City's payment obligations under this <br /> Agreement. <br /> 2.2.4 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 of any type or nature 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,within thirty(30)days of receiving written notice <br /> from the City, obtain a bond at its expense and hold City harmless from any losses that <br /> may result from the filing or enforcement of any said lien notice. <br /> 2.3 GOVERNMENTAL IMMUNITY, INDEMNITY AND RELEASE <br /> 2.3.1 No Waiver of Immunity. The City's execution of and performance <br /> under this Agreement will not act as a waiver of any immunity of the City to suit or <br /> liability under applicable law. The parties acknowledge that the City, in executing <br /> and performing this Agreement, is a governmental entity acting in a governmental <br /> capacity. <br /> 2.3.2 Indemnity. Developer agrees to and shall indemnify, hold harmless, <br /> and defend City and its officers, agents,and employees from and against any and all <br /> claims, losses, damages, causes of action, suits, and liability of every kind, including <br /> all expenses of litigation, court costs, expert fees and attorney's fees, for injury to or <br /> death of any person,or for damage to any property,or for breach of contract,arising <br /> out of or in connection with the work done by Developer, its officers, employees, <br /> agents and contractors, under this Agreement; provided, however, the foregoing <br /> obligations shall apply only on a comparative negligence or liability basis as to (i) <br /> matters or circumstances arising as a result of the negligence or willful misconduct of <br /> City, any other party indemnified hereunder, (ii) matters, defects, circumstances or <br /> conditions existing on or with respect to any real property owned by the City or any <br /> other party other than Developer which were not caused by Developer,or(iii) City's <br /> breach or default under this Agreement. <br /> 2.3.3 Indemnity and Hold Harmless as to Subcontractors. Subject to City's <br /> delivery of payments as required hereunder,the Developer shall indemnify and hold <br /> the City harmless from any claims for payment of suppliers or subcontractors of <br /> Developer for improvements constructed or caused to be constructed by the <br /> Developer. <br /> 2.3.4 Indemnity and Hold Harmless as to Others. The Developer shall <br /> indemnify and hold the City harmless from any and all injuries to or claims of <br /> adjacent property owners or occupants resulting from or relating to the Developer's <br /> performance under this Agreement; provided, however, the foregoing obligations <br /> 5 <br />