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"Developer Party" and, collectively, "Developer Parties") harmless from any <br />and all claims, damages, demand, liabilities, liens, losses, or costs and expenses <br />of any kind, including, without limitation, reasonable attorneys' fees, arising <br />out of, resulting from or related to the Work (except in each case to the extent <br />the caused by the negligence or misconduct of Developer or a Developer Party). <br />(i) Damage to Protect Site or Project. If any Work conducted by or on behalf of <br />the City Bodies causes damage to any portion of the Project Site or the Project, <br />upon notice from Developer identifying such damages and demanding that such <br />damage be repaired, the City Bodies shall, within a reasonable timeframe as <br />agreed to by the Parties, repair such damage at the City Bodies' expense. If the <br />City Bodies fail to repair such damage within the agreed timeframe, then <br />Developer may, but shall not be obligated to, complete the necessary repairs, in <br />which case the City Bodies shall reimburse Developer all costs incurred by <br />Developer to complete the repairs upon thirty (30) days written demand <br />accompanied by reasonable evidence of such costs. <br />(j) Survival. The terms and provisions of this Section 5.02 shall survive any <br />termination of the Agreement. <br />3. Continuing Effect. Except as expressly set forth herein, the Agreement remains <br />unmodified and in full force and effect. To the extent of any inconsistency between the terms and <br />provisions of this First Amendment and the Original Agreement, the terms and provisions of this <br />First Amendment shall control. <br />4. Miscellaneous. This First Amendment may be executed in multiple counterparts, <br />each of which shall be deemed an original, but together shall constitute one and the same <br />instrument. Each party has the right to rely upon a facsimile or e-mail counterpart of this First <br />Amendment signed by the other party to the same extent as if such party received an original <br />counterpart. This First Amendment shall extend to, be binding upon and inure to the benefit of <br />the respective heirs, devisees, legal representatives, successors, permitted assigns and beneficiaries <br />of the parties hereto. <br />[SIGNATURES ON THE FOLLOWING PAGE(S)] <br />2 <br />