including regularly scheduled meetings in accordance with the construction schedule, to
update City on Developer's progress of the Project. Developer shall conduct scheduled
meetings on a monthly basis to keep City apprised of the progress of development of the
Project. The meetings shall include the Developer, City representatives and the specialty
consultants. Developer shall prepare and distribute detailed, accurate minutes for all such
meetings.
2.7 Development Standards.
a) Developer shall perform the work in accordance with the standard of care
and expertise normally employed by development firms, consultants and contractors
performing similar services in metropolitan areas in New Hampshire, and all duties under
this Agreement shall be measured and interpreted in accordance with such standard of
performance.
b) Developer hereby warrants to City that the materials and equipment
furnished in accordance with this Agreement will be of good quality, that the work will be
free from defects, and that the work will conform with the requirements of the
Development Plan. Developer hereby represents, warrants, and covenants that neither it
nor its affiliates shall file a mechanic's lien, materialmen's lien, or other lien against any
assets of City, and hereby waives and releases any right it may have or may hereafter
acquire to file a lien against the any assets of City. Developer shall indemnify and hold
harmless City from any losses, damages, and liabilities, to the City as a result of a breach
of this provision.
ro) Developer shall pay all fees levied by the City or any other governmental
entity, including, but not limited to, all tap fees, water & sewer fees, and permit fees.
Developer shall plan for all utility services required for the Project and negotiate all
necessary agreements with the appropriate municipal authorities and utility companies
related to access, traffic, utilities, zoning and other design and construction elements
pertaining to the Project. Developer shall obtain and pay for all construction-related permits
and all certificates of occupancy. City shall cooperate with Developer as is reasonably
necessary for Developer to obtain such approvals, permits and certificates of occupancy.
d) Developer shall apply for and maintain in full force and effect any and all
governmental permits and approvals required for the lawful construction of the Project and
comply with all the terms and conditions applicable to the Project contained in any
governmental permit or approval required or obtained for the lawful construction of the
Project, or in any insurance policy affecting or covering the Project.
2.8 Ownership of Development Plans. If the Project is not constructed, then
Developer will retain ownership of the preliminary plans, the Development Plan and other
design and construction work product relating to the Project in accordance with this
Agreement.
