Drainage Liability. Developer shall indemnify and hold the Town harmless from any liability the Town may have on account of any change in the nature, direction, quantity, or quality of drainage flow resulting from the Development. In addition, Developer shall reimburse the Town for any and all costs, fees, and expenses, including attorney’s fees, which the Town incurs in acquiring any rights-of-way or easements which the Town is required to acquire or condemn or which the Town is held to have acquired or condemned for drainage as a result of this Development. This provision shall survive Final Acceptance and the termination of this Agreement.
Drainage Liability. To the extent permitted by law, Developer shall indemnify and hold the City harmless from any liability the City may have on account of any change in the nature, direction, quantity or quality of drainage flow, resulting from the Development. In addition, Developer shall reimburse the City for any and all costs, fees, and expenses, including reasonable attorney’s fees, that the City incurs in acquiring any rights of way or easements that the City deems necessary or is required to acquire or condemn or that the City is held to have acquired or condemned for drainage or as a result of or relating in any manner to the Development.
Drainage Liability. The Developer shall indemnify and hold harmless the Town for any liability the latter may have due to any change in the nature, direction, quantity, or quality of historical drainage flow resulting from the Development or from the construction of any improvements therein.
Drainage Liability. Developer and District shall indemnify and hold the Town harmless from any liability the Town may have on account of any change in the nature, direction, quantity, or quality of drainage flow resulting from the Development except when such changes are also the result of greater than 100-year storm events. Developer/District will first be notified and given the opportunity to address any such drainage issues within seven (7) calendar days, unless more time is reasonably necessary to address the issue. Developer/District will indemnify the Town to the extent it does not resolve the issues. In addition, Developer/District shall reimburse the Town for any and all costs, fees, and expenses, including attorney’s fees, which the Town incurs in acquiring any rights-of-way or easements which the Town is required to acquire or condemn or which the Town is held to have acquired or condemned for drainage as a result of this Development. This provision shall survive Final Acceptance and the termination of this Agreement.
Drainage Liability. To the extent permitted by law, Developer shall indemnify and hold the City harmless from any liability the City may have on account of any change in the nature, direction, quantity or quality of drainage flow, resulting from the Development, in accordance with the provisions of Sub-Section 17.1 herein above. In addition, Developer shall reimburse the City for any and all costs, fees, and expenses, including reasonable attorney’s fees, that the City incurs in acquiring any rights of way or easements that the City deems necessary or is required to acquire or condemn or that the City is held to have acquired or condemned for drainage or as a result of or relating in any manner to the Development. Prior to the City commencing or defending any litigation related to these easements, rights of way or condemnation, the City shall obtain the written consent of the Developer, which consent shall not be unreasonably withheld or delayed. Further, the City shall promptly provide written notice to Developer of any suit or claim that, in the City’s reasonable opinion, would trigger the obligations of Developer under this Section 17.3.
Drainage Liability. Developer and District shall indemnify and hold the Town harmless from any liability the Town may have on account of any change in the nature, direction, quantity, or quality of drainage flow resulting from the Development. Developer/District will first be notified and given the opportunity to address any such drainage issues within 7 calendar days. Developer/District will indemnify the Town to the extent it does not resolve the issues. In addition, Developer/District shall reimburse the Town for any and all costs, fees, and expenses, including attorney’s fees, which the Town incurs in acquiring any rights-of-way or easements which the Town is required to acquire or condemn or which the Town is held to have acquired or condemned for drainage as a result of this Development. This provision shall survive Final Acceptance and the termination of this Agreement.
