109-22 Developers Construction Agreement.pdf

1152-121 224456-3 20 Township is permitted to make such reasonable inspections without notice to the Developer or its site representative. 5. The Developer agrees that inspection by the Township of the installation of Improvements and utilities shall not operate to subject the Township or the Township’s Agents to claims, suits or liability of any kind which may at any time arise because of defects or negligence caused by the Developer or the Developer’s Agents during or as a result of construction. The Developer recognizes its responsibility to maintain safe conditions at all times during construction, prior to acceptance of the Improvements by the Township, and during the Developer’s required maintenance period after Township acceptance. The Developer agrees to provide proper utilities, appropriate temporary site improvements and site accessibility at all times during construction. 6. The Developer agrees that neither the Township nor the Township’s Agents shall have control or charge of construction means, methods, techniques, sequences, procedures or safety precautions and programs in connection with the work and, therefore, shall not be held responsible for or have control or charge over any acts or omissions of the Developer, the Developer’s Agents or any other person performing any work related to the Development. The Developer agrees, however, that nothing herein shall preclude the Township from exercising all available remedies, including injunctive relief, to insure compliance with the terms and conditions of this Agreement, or to otherwise protect and promote public health, safety, and welfare. N. ENGINEERING DETAILS: 1. The Developer understands that all conditions cannot be anticipated in the Plans and may require field changes. The Developer agrees that the Township reserves the right to