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3.5 Access to C�ty Parcels. The City hereby grants to the Developer,as indicated, full <br /> license to enter the City Parcels for the purposes described in Sections 3.5.1 and 3.5.2 hereof. The <br /> Developer shall provide the City with advance notice,in writing,or such shorter oral notice as the <br /> City reasonably consents to. <br /> 3.5.1 Inspectioas and Testing. Developer may conduct all such inspections and <br /> testing as it wishes. All such inspection and testing shall be conducted in compliance with Legal <br /> Requirements and Hazardous Materials Law and with due respect for the privacy and safety of <br /> residents and the surrounding community, and the Developer shall deliver to the City and DHA a <br /> true, complete and accurate copy of all inspection reports, testing data and other written results <br /> associated with any such activities.The Developer shall restore as neazly as practical the City Parcels <br /> substantially to their condition immediately before such entry by the Developer. This restoration <br /> requirement shall survive the termination of this Agreement. <br /> 3.5.2 Construction. Developer may construct according to Construction <br /> Documents acceptable to the City and in locations accepta.ble to the City any infrastructure <br /> improvements(e.g.water main extensions,joint utility trenches and the like)required by the City in <br /> connection with any Public Infrastructure Improvements to be constructed within the boundaries of <br /> any public right of way. All improvements shall be constructed according to Construction <br /> Documents acceptable to the Parties,and in compliance with all Legal Requirements and Hazazdous <br /> Materials Law,building codes and regulations. <br /> 3.5.3 Indemnity and Liability. The Developer assumes the risk of all damage, <br /> loss,cost and expense and agree to indemnify,defend and hold the City,its officers,Commissioners, <br /> elected officials,appointed officials,employees,subcontractors,agents,representatives,volunteers <br /> and/or servants(the"Indemnitees")harmless from and against any and all liability,cost or expense <br /> (including reasonable attorney fees)which accrue to or are sustained by the City and those person or <br /> entities associated with the City as mentioned above on account of any claim,suit or action made or <br /> brought against the City or any of those associated with the City mentioned above for the death of or <br /> injury to persons or destruction of property involving the Developer,it's officers,partners,members, <br /> representatives, employees, subcontractors, agents and/or servants or any other person or entity <br /> performing work at the request or with the consent or knowledge of the Developer, which are <br /> sustained in connection with the granting of the license by the City to the Developer,except to the <br /> extent caused by the sole negligence or willful action of any such Indemnitees. This subsection shall <br /> survive the termination of this Agreement. <br /> 3.5.4 Insurance. Prior to the exercise by the Developer of any right of entry <br /> license, the Developer, shall deliver to the City an original of a policy of liability insurance, in an <br /> amount reasonably acceptable to the City,with an insurer having a net worth reasonably acceptable <br /> to the City,and under which the City is named as an additional insured. Such delivery is a condition <br /> of the first draw of the Phase II Infrastructure Funds and Phase III Infrastructure Funds. <br /> 3.6 City Support of Developer's Applications. Provided Developer is not in default <br /> under this Agreement, the City will coopera.te with Developer's efforts hereunder and will, in <br /> coordination with Developer,provide letters of support for Developer's applications to IHDA,and <br /> any and all other applications for approvals, grants, permits, releases to any other governmental <br /> 20 <br /> INDY 1566592v.2 <br />