Preliminary Work by the Developer Sample Clauses

Preliminary Work by the Developer. Prior to the conveyance of title from the Agency, representatives of the Developer shall have the right of access to the Site at all reasonable times for the following purposes: (i) obtaining data and making surveys and tests necessary to carry out this Agreement; (ii) installing, relocating and maintaining any fencing surrounding the Site or any portion thereof; (iii) performing any demolition and site preparation work on any portion of the Site; or (iv) performing any other activity on a portion of the Site that Developer is required to perform pursuant to this Agreement or any of the Development Approvals. Prior to any entry on the Site, the Developer shall execute a Right of Entry Agreement with the Agency which Right of Entry agreement requires that Developer provide the Agency with evidence of required insurance and indemnify the Agency and the City from any and all damage that may occur as a result of the Developer's entry on the Site, which such agreement shall be in a form and substance reasonably acceptable to the Agency and the Developer. The Developer shall hold the Agency, its officers, employees, board members and its agents harmless including the payment of any defense costs for any claims, losses, liabilities, injury or damages arising out of any activity pursuant to this Section, unless caused by the Agency's sole negligence or willful misconduct. The Developer shall have access to all data and information on the Site available to the Agency except any information that is considered confidential or not subject to disclosure pursuant to the Public Records Act, but without warranty or representation by the Agency as to the completeness, correctness or validity of such data and information. Any preliminary work undertaken on the Site by the Developer prior to conveyance of title thereto shall be done only after written consent of the Agency, which shall not be unreasonably withheld or delayed and at the sole expense of the Developer. The Developer shall be responsible for obtaining any and all permits and approvals required for such preliminary work. The Developer shall defend, hold harmless and indemnify the Agency against any claims resulting from such preliminary work, access or use of the Site by the Developer or its contractors, representatives or agents. Copies of data, surveys and tests obtained or made by the Developer on the Site shall be filed with the Agency. Any preliminary work by the Developer shall be undertaken only after secu...