109-22 Developers Construction Agreement.pdf

1152-121 224456-3 13 Agreement and the Approval (an “Assignment and Assumption Agreement”). (If the sale or transfer of the Property is involuntary or by operation of law, then, as a condition precedent to continued construction of the Project, the purchaser or transferee shall enter into a replacement Developer’s Construction Agreement with the Township.) F. SITE ACCESS: 1. The Township and its authorized representatives, consultants, professionals, employees, contractors, and agents (collectively, the “Township’s Agents”) shall be given free and liberal access to observe construction of the Improvements and all roads, sanitary sewers, water mains, storm sewers, buildings, landscaping and appurtenances as shown on the approved plans or required by Township Ordinances. Neither the Township nor any of the Township’s Agents shall incur any liability on behalf of the Developer or any third party as a result of failing to object, comment upon, or take action to stop or alter the means, methods, techniques, sequences or procedures of construction selected by the Developer or the Developer’s Agents for safety precautions and programs incident to the work on the Property, or for any failure or negligence of the Developer or the Developer’s Agents to fully comply with applicable laws, rules, regulations, ordinances, codes or orders. 2. The Developer hereby expressly agrees to release, defend, indemnify and hold the Township and the Township’s Agents harmless from and against any and all claims, damages, costs and liabilities for injury or damage received or sustained by any property, person, or entity in connection with, or on account of, the installation and completion of the Improvements and all other construction and installation anticipated, begun, or completed pursuant to the Approval (or Township Ordinances), which is the result of the Developer’s acts or omissions, or the acts or omissions of the Developer’s Agents. The Developer further agrees to aid and defend the