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201302679
<br /> (13) No fences or barricades of any kind shall be
<br /> constructed on the Property, except as required by applicable City
<br /> Ordinances and/or Building Code in which event any such fence or
<br /> barricade shall be constructed of materials approved by Developer
<br /> which approval will not be unreasonably withheld or delayed.
<br /> (14) The Property may not be subdivided, in any
<br /> manner, into smaller lots without the prior written consent of
<br /> Developer, which may be withheld in its sole discretion.
<br /> (15) All utilities and sewers serving and located within
<br /> the Property shall be installed underground.
<br /> (16) The roof of any building constructed within the
<br /> Property shall not be metal, unless such roofing materials are
<br /> screened from view or approved by Developer.
<br /> 4. Indemnity and Insurance. Owner, its successors and assigns shall indemnify,
<br /> defend and save Developer and its agents, employees, members, directors and officers harmless
<br /> from all loss, damages, liability, costs or expenses, including, but not limited to, reasonable
<br /> attorney's fees and all other sums incurred by or threatened against Developer, its agents,
<br /> employees, members, directors and officers because of any claim or assertion of liability arising
<br /> or alleged to have arisen out of any act or omission of Owner, its agents, employees and
<br /> contractors, for any work to be performed by or at the direction of the Owner pursuant to this
<br /> Agreement. Developer, its successors and assigns shall indemnify, defend and save Owner and
<br /> its agents, employees, members, directors and officers harmless from all loss, damages, liability,
<br /> costs or expenses, including, but not limited to, reasonable attorney's fees and all other sums
<br /> incurred by or threatened against Owner, its agents, employees, members, directors and officers
<br /> because of any claim or assertion of liability arising or alleged to have arisen out of any act or
<br /> omission of Developer, its agents, employees and contractors, for any work to be performed by
<br /> or at the direction of the Developer pursuant to this Agreement.
<br /> 5. Miscellaneous.
<br /> A. All notices, requests, demands or other communications
<br /> ("Notices") hereunder shall be in writing and given by certified mail, return
<br /> receipt requested or by national overnight courier (e.g., Federal Express, UPS,
<br /> Airborne) and, in the case of courier service, shall be effective as of the date of
<br /> delivery to the intended recipient as shown on the courier's records, and in the
<br /> case of mail, shall be effective three (3) days (excluding weekends and holidays)
<br /> after mailing, delivery shall be deemed to have been made if the postal service or
<br /> courier was not able to deliver due to change of address for which no Notice was
<br /> given. Notices shall be addressed as shown below or to such other address as may
<br /> be specified from time to time in writing by either party:
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