109-22 Developers Construction Agreement.pdf

1152-121 224456-3 14 Township and the Township’s Agents or any or all of them, if named in any capacity in an action involving the foregoing claims or related claims with respect to the Property, the Improvements, or any construction or work arising from the Approval or Township Ordinances, which are the result of the Developer’s acts or omissions, or the acts of omissions of the Developer’s Agents. The parties acknowledge that the Developer is not a representative, consultant, agent or employee of the Township. The foregoing indemnification shall specifically exclude any and all acts or omissions of the Township, the Township’s Agents, and any person or entity other than the Developer and the Developer’s Agents. The Developer shall obtain and maintain for the duration of this Agreement insurance meeting the coverage requirements set forth on Exhibit C and naming the Township as an additional insured. G. SOIL EROSION AND SEDIMENT CONTROL: 1. Precautions relating to dust control shall be identified on the HEPSCD Plans and shall otherwise comply with the detail sheets in the latest version of the “Standards for Soil Erosion and Sediment Control in New Jersey” (the “Standards”). The Developer agrees to sweep, as frequently as determined to be necessary by the Standards, the HEPSCD or the Township Engineer, any and all public roadways where tracking of sediment occurs on one or more instances during any given day. The Developer further agrees that it shall be solely responsible for any sediment tracked onto public roadways by the Developer’s Agents, and any damage caused by the same, until issuance of the Certificate of Occupancy. In addition, the Developer agrees that any and all sediment tracked onto public roadways shall be removed by the Developer in such reasonable timeframe as established by the Township. In the event that the Developer fails to fulfill its obligation to remove sediment in public roadways, the Township may, without any obligation to do so, assume the said obligation and back charge the Developer