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amount of the actual costs associated with the City's portion of the Improvements or the <br />City's participation amount as stated in paragraph 2.2.1. The application for payment shall <br />be in a form acceptable to City and must include a breakdown of actual costs of the <br />Improvements with supporting documentation, including all payment receipts and any <br />other documentation reasonably requested by the City to support the City's expenditure of <br />public funds. <br />a. Suppliers and Subcontractors. Prior to the City's payment under this <br />section, Developer shall, among other applicable requirements, provide <br />City with supporting documentation, including invoices, all payment <br />receipts and any other documentation reasonably requested by the City <br />to support the City's expenditure of public funds, including a notarized <br />affidavit stating that all bills for labor, materials, and incidentals <br />incurred have been paid in full, that any claims from manufacturers, <br />materialmen and subcontractors have been released, and that there are <br />no claims pending of which Owner has been notified. <br />b. City Payment. Subject to all applicable ordinances, standards and <br />processes, the City will pay its participation funds within 30 days after <br />receipt of a complete (as determined by the City) written application for <br />participation payment from Developer. <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, 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 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 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 kind, <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 officers, <br />