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IX. <br /> <br />Proiect is a Private Undertaking. Except as to the improvements contemplated in <br />Exhibit D, the development of the Property contemplated by this Development <br />Agreement is a private development. The Property Owner shall have full power <br />over and the exclusive control of the Property subject only to the limitations and <br />obligations of the Property Owner under Project approvals and this Development <br />Agreement. <br /> <br />No Agency. Joint Venture, or Partnership. The parties renounce the existence of <br />any form of agency relationship, joint venture, or partnership between the City <br />and Property Owner, and nothing contained herein shall be construed as creating <br />any such legal relationship. <br /> <br />XI. <br /> <br />Liability and Hold Harmless. In the event City constructs the roadway <br />improvements, City agrees to execute such indemnity and hold harmless <br />document as Property Owner may require in conjunction with the City's <br />construction of those roadway improvements. Property Owner agrees to and shall <br />hold the City harmless from any liability for damage or claims .for property <br />damage which may arise from the Property Owner's operations under this <br />Development Agreement. <br /> <br />Revision #2, Draft Lin Development Agreement Page 13 of 17 <br /> <br /> <br />