Documents, is sufficient for its purposes under this Agreement. Developer shall have no
right to terminate this Agreement after the Closing for any condition of the Property as set
forth in the Property Documents.
b) Developer shall indemnify and hold harmless City from any and all claims
arising out of the negligent acts or omissions of Developer, its employees, agents,
contractors, or subcontractors in making the Inspections.
2.5 Project.
a) The Development Plan is subject to the City’s -land use and development
approval process.
b) The comprehensive development plans which are generally consistent with
the description of the City’s vision and objectives for the Project as described in the RFP
and this Agreement (the “Development Plan’’) shall include a general description of all
proposed development of the Project and required infrastructure improvements, including,
but not limited to, its design and construction. The Development Plan shall also include the
following:
(1) Creation and any modifications to the Development Plan;
(i1) All architectural and engineering designs;
(iii) All necessary governmental permits and approvals; and
(iv) All construction-related requirements (such as soil conditions and
environmental constraints consistent with the Development Plan).
ro) The City, together with its duly authorized agents and employees, may
inspect and monitor the Project and the work performed on the Project at any time with
commercially reasonable prior notice to Developer; provided that the City, and its duly
authorized agents and employees shall follow Developer's reasonable safety regulations.
2.6 Schedule and Order of Development. Developer shall administer all aspects
of the development of the Project subject to all applicable laws, rules and regulations,
including the code requirements of the City and based upon the construction schedule as
follows:
Developer shall develop the Project at its sole expense, except_as otherwise
described _and agreed to in this Agreement, in accordance with the Development Plan
consistent with the architecture, streetscape and the character of the adjacent area and
downtown Nashua and shall conform to the terms of the Development Plan. Developer
will, during the design process or design phase of the development of the Project, develop
and implement a design review process that will provide City and its professional staff the
right to review and approve, reject or suggest modifications to the Development Plan,
