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® • <br /> liable for reasonable attorneys' fees, and other legal costs or fees incurred in collecting said <br /> maintenance costs. <br /> (g) Compliance with Law. Developer shall comply with all local, state <br /> and federal laws relating to the uses of or condition of the Property and the Adjacent City Property. <br /> (h) Workers Compensation Insurance Requirements. Developer shall <br /> obtain and maintain during all such periods as Developer is responsible for development on the <br /> Property or for the maintenance of the Adjacent City Property workers' compensation insurance and <br /> if any work is subcontracted by Developer, then Developer shall require the subcontractor similarly <br /> to provide workers' compensation insurance. Developer agrees to indemnify City and Agency for <br /> any damages resulting to it from failure of either Developer or any subcontractor to obtain or <br /> maintain such insurance. <br /> (i) Bodily Injury and Damage Insurance Requirements. The Developer <br /> shall defend, assume all responsibility for and hold the Agency and the City and their officers, <br /> employees, and agents, harmless from, all claims or suits for, and damages to, property and injuries <br /> to persons, including accidental death (including attorneys fees and costs), which may be caused by <br /> any of the Developer's activities under this Agreement (including without limitation the exhibits <br /> thereto), whether such activities or performance thereof be by the Developer or anyone directly or <br /> . indirectly employed or contracted with by the Developer. <br /> 0) Limitation. Notwithstanding the foregoing portion of this <br /> Section 4.12, in the event Friends of the Creek develops a building on the Adjacent City Property, <br /> Friends of the Creek and not the Developer shall be responsible for the construction, utility charges, <br /> or maintenance for such building. <br /> 4.13 Compliance with Laws. <br /> The Developer shall accomplish the development of the Developer Improvements <br /> and any other improvements as may be undertaken on the Property in conformity with all applicable <br /> laws, including without limitation state labor standards (if applicable). <br /> 4.14 Credit Upon Opening of Conforming Restaurant. <br /> In the event the Developer has, in addition to completing the Developer <br /> Improvements in conformity with this Agreement, caused the completion and Opening of a <br /> Conforming Restaurant Facility on or before the Restaurant Opening Deadline, the Agency shall, <br /> within thirty (30) days after the Opening of such Conforming Restaurant Facility, disburse to the <br /> Developer an amount equal to the Conforming Restaurant Amount, plus any interest earned thereon, <br /> less any Setoff. For purposes of this Section 4.14, "interest earned thereon" shall be deemed to be <br /> equal to (i) the passbook rate (or, if applicable, the interest rate for a certificate of deposit) of the <br /> corresponding banking or savings institution as applied to the amount of the Restaurant Security for <br /> the period the Restaurant Security is retained by the Agency in the event the Developer provided the <br /> Restaurant Security, or (ii) the interest rate paid by the Local Agency Investment Fund ( "LAIF ") as <br /> applied to the Conforming Restaurant Amount for the period the Conforming Restaurant Amount is <br /> retained by the Agency, in the event the Developer paid the Conforming Restaurant Amount in cash <br /> through escrow. <br /> 26 <br /> DOCSOC17 4604 1 v4\24258.0002 <br />