KAISER FOUNDATION HEALTH PLAN - DEVELOPMENT AGMT

-033285 (d) Propert may apply for such permits for Phases II and III at any time following the execution, delivery and recordation of this Agreement but said permits shall not be effective prior to the dates set forth above in (b) and (c). (e) At its exclusive option, Property Owner may proceed with its Phase III development at the time set forth in (b); in which case Property Owner can only proceed with its Phase II development at the time set forth in (c). - 11. Sewer Permits. Property Owner acknowledges that it is bound by the terms and conditions of the 1972 Settlement Agreement a~ising out of the litigation City of Pleasanton v. ~alley Community Services Dis- trict Alameda County Superior Court Number 423 134. Property Owner has purchased 73.5 D.U.E. sewer permits, and City shall take all necessary measures to protect the validity.and continuity of all sewer permits so that they will be available to Property Owner during the term of this Agreement. 12. Completion of the Project. Promptly after completion of the Project, City shall provide Property Owner with an instrument so certify- ing. The certification is conclusive determination that the obligation of the Property Owner under this Agreement has been met. The certifica- tion shall be in such form as will enable it to be recorded ~n the offi- cial records of the County. 13. Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Property Owner or those of its contractors, subcon- tractors, ~gents, officers, employees or other persons acting on its behalf which relate to the Project. Property Owner agrees to and shall