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 permitted by law, Developer shall indemnify, defend (with counsel approved by City) and hold harmless the City and its elected and appointed officers, officials, employees, agents, consultants, and contractors (all of the foregoing, collectively, the “Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising out of, or relating to, or alleged to arise 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 10.2 below.
Defects in Plans. The City shall not be responsible either to Developer or to third parties in any way for defects in the Approved Plans, nor for any structural or other defects in any work performed according to the Approved Plans. Developer, on behalf of itself and its agents, employees, representatives, insurers, heirs, beneficiaries, executors, administrators, successors, assigns, officers, directors, shareholders, owners, members, partners, managing members, managers, parent companies, subsidiaries, partnerships, joint venturers, predecessors, affiliates, and any other company related to Developer (collectively, the “Developer Releasing Parties”), hereby releases and forever discharges the City and its respective agents, representatives, employees, officers, attorneys, officials, councilmembers, and any other third party acting on behalf or, for the benefit or at the direction of the City (each a “City Released Party” collectively, the “City Released Parties”), from any and all claims, demands, damages, defenses, injuries, losses, liens, causes of action, suits, judgments, penalties, debts, compensation, costs, expenses and liabilities, including attorneys’ fees and costs (each a “Liability” and collectively, the “Liabilities”), incurred by the Developer Releasing Parties as a result of defects in the Approved Plans, including without limitation, the violation of any laws, and for defects in any work performed according to the Approved Plans.
Defects in Plans. The City shall not be responsible either to the Developer or to third parties in any way for any defects in the Basic Concept Drawings, the Design Review Submittals, Site Work Plans or the Building Improvement Plans nor for any structural or other defects in any work done according to the approved Basic Concept Drawings, Design Review Submittals, Site Work Plans or the Building Improvement Plans, nor for any delays reasonably caused by the review and approval processes established by this Section 302. Subject to the other limitations of this Agreement, the Developer shall hold harmless, indemnify and defend the Indemnitees from and against any claims, suits for damages to property or injuries to persons arising out of or in any way relating to defects in the Basic Concept Drawings, the Design Review Submittals, Site Work Plans or the Building Improvement Plans, including without limitation the violation of any laws, or arising out of or in any way relating to any defects in any work done according to the approved Basic Concept Drawings, Design Review Submittals, Site Work Plans or Building Improvement Plans.
Defects in Plans. The City shall not be responsible either to Developer or to third parties in any way for defects in the Approved Plans, nor for any structural or other defects in any work done according to the Approved Plans. Developer, on behalf of itself and its successors and assigns, hereby waives and releases any claim it may have against the City or its officers, employees, agents, representatives and volunteers, for any monetary damages or compensation as a result of defects in the Approved Plans, including without limitation, the violation of any laws, and for defects in any work done according to the Approved Plans.
Defects in Plans. The Agency shall not be responsible either to the Developer or to third parties in any way for any defects in the Basic Concept Drawings, the Design Review Submittals, or the Construction Drawings nor for any structural or other defects in any work done according to the approved Basic Concept Drawings, Design Review Submittals, or Construction Drawings, nor for any delays reasonably caused by the review and approval processes established by this Section 302. Subject to the other limitations of this Agreement, the Developer shall hold harmless, indemnify and defend the Agency, the City and their officers, employees, agents and representatives from and against any claims, suits for damages to property or injuries to persons arising out of or in any way relating to defects in the Basic Concept Drawings, the Design Review Submittals, and the Construction Drawings, including without limitation the violation of any laws, or arising out of or in any way relating to any defects in any work done according to the approved Basic Concept Drawings, Design Review Submittals or Construction Drawings.
Defects in Plans. The Agency shall not be responsible either to the Developer or to third parties in any way for any defects in the Basic Concept Drawings, the Design Development Drawings, or the Construction Drawings nor for any structural or other defects in any work done according to the approved Basic Concept Drawings, Design Development Drawings, or Construction Drawings, nor for any delays reasonably caused by the review and approval processes established by this Section 303. The Developer shall hold harmless, indemnify and defend the Agency, the City and their officers, employees, agents and representatives from and against any claims, suits for damages to property or injuries to persons arising out of or in any way relating to defects in the Basic Concept Drawings, the Design Development Drawings, and the Construction Drawings, including without limitation the violation of any laws, or arising out of or in any way relating to any defects in any work done according to the approved Basic Concept Drawings, Design Development Drawings or Construction Drawings.
Defects in Plans. Agency shall not be responsible either to Developer or to third parties in any way for any defects in the Basic Concept Drawings, the Design Development Drawings or the Building Permit Drawings, nor for any structural or other defects in any work done according to the approved Basic Concept Drawings, Design Development Drawings or Building Permit Drawings. Developer hereby waives and releases any claim it may have against Agency or its officers, employees, agents, representatives and volunteers, for any monetary damages or compensation as a result of defects in the Basic Concept Drawings, Design Development Drawings or Building Permit Drawings, including without limitation the violation of any laws, and for defects in any work done according to the approved Basic Concept Drawings, Design Development Drawings or Building Permit Drawings. Developer makes such release with full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
Defects in Plans. Neither the City or the Authority shall be responsible to the Developer or to third parties in any way for any defects in the design of the Project, nor for any structural or other defects in any work done according to the approved design of the Project, nor for any delays reasonably caused by the review and approval processes established by this Section 5.
Defects in Plans. The Agency and the City shall not be responsible either to the Developer or to third parties in any way for any defects in the Design Development Drawings, nor for any structural or other defects in any work done according to the approved Design Development Drawings, nor for any delays reasonably caused by the City review and approval processes established by this Section 302.
Defects in Plans. Neither Agency nor City shall 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. Developer shall indemnify, defend (with counsel reasonably approved by Agency, which approval shall not be unreasonably withheld, conditioned or delayed) and hold harmless the Indemnitees from and against all Claims arising out of, or relating to, or alleged to arise 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. It is further agreed that Agency and City do not, and shall not, waive any rights against Developer which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by Agency or City, or Developer’s deposit with Agency of any of the insurance policies described in this Agreement. Developer’s indemnification obligations pursuant to this Section shall not extend to Claims arising due to the gross negligence or willful misconduct of the Indemnitees.
