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4.4 Public Infrastructure. <br /> The City will assist Developer with necessary and required public rights of way <br /> vacations for approved expansions of the Project in the Development Area so long <br /> as the vacations do not impact required public access. <br /> 4.5 Energy Related Assistance. <br /> The City will assist Developer in seeking and developing energy efficiencies and <br /> energy related tax advantages where available. <br /> ARTICLE V: DEVELOPER COVENANTS AND RESTRICTIONS <br /> 5.1 Project Subject to Development Agreement. <br /> The Developer agrees to comply with the terms and conditions of this Agreement and to <br /> use its best efforts to construct the Project subject to the terms,covenants,building and use <br /> restrictions,and other conditions in this Agreement. <br /> 5.2 Non-discrimination. <br /> The Developer shall not discriminate in violation of any Applicable Laws or regulations <br /> upon the basis of race,color,religion,sex,age,or national origin or other applicable factors <br /> in the sale,lease or rental,or in the use or occupancy of the Project or any part thereof. <br /> 5.3 Property Taxes. <br /> Developer acknowledges that the City in executing this Agreement has relied upon its <br /> reasonable expectation that the renovation,improvement and operation of the Project will <br /> increase the amount of real property taxes with respect to the Project and the Development <br /> Area. <br /> ARTICLE VI: INDEMNIFICATION <br /> 6.1 Developer Indemnification of the City. <br /> So long as the Developer maintains a direct interest in the Project or Development Area or <br /> any part thereof (excluding, for example, an interest therein solely as a creditor or <br /> mortgagee)and notwithstanding anything to the contrary in this Agreement,the Developer <br /> agrees to indemnify, defend and save the City, its officers, employees, Council members, <br /> Mayor,agents and representatives and each of their successors and assigns harmless from <br /> and against any and all claims, liabilities, demands, suits, administrative proceedings, <br /> causes of action, costs, damages (excluding consequential, punitive, special and similar <br />