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Status reports, as required under Section 9, shall be sufficiently given and shall be deemed given
<br />on the second day following the date on which the same have been mailed to the Agency, addressed as
<br />specified in this Section.
<br />The Agency and the Developer may, by notice given hereunder, designate any further or different
<br />addresses to which subsequent notices, certificates or other communications shall be sent.
<br />SECTION 16. INDEMNIFICATION
<br />The Developer hereby covenants and agrees that it shall, at is own expense, defend, indemnify
<br />and hold harmless the Agency, their respective officers, directors, officials, employees and agents (the
<br />"Indemnitee") from and against any and all claims by or on behalf of any person arising from any cause
<br />whatsoever in connection with the performance by the Developer and its officers, directors, officials,
<br />employees and agents under this Regulatory Agreement, any and all claims arising from any act or
<br />omission of the Developer or any of its agents, contractors, servants, employees or licensees in connection
<br />with the Project, including but not limited to construction and operations, and all costs, counsel fees,
<br />expenses, or liabilities incurred in connection with any such claim or proceeding brought thereon; except
<br />that the Developer shall not be required to indemnify the Indemnitee for damages caused by the
<br />negligence or willful misconduct of any Indemnitee.
<br />In the event that any action or proceeding is brought against the Agency, or any of their respective
<br />officers, directors, officials, employees or agents, with respect to which indemnity may be sought
<br />hereunder, the Developer, upon written notice from the indemnified party, shall assume the investigation
<br />and defense thereof, including the employment of counsel and the payment of all separate counsel in any
<br />such action or proceedings and to participate in the defense thereof, and the Developer shall pay the fees
<br />and expenses of such separate counsel.
<br />The Developer also shall pay and discharge and shall indemnify and hold harmless the Agency
<br />from (1) any lien or charge upon payments by the Developer to the Agency, and (2) any taxes (including,
<br />without limitation, all ad valorem taxes and sales taxes), assessments, impositions and other charges in
<br />respect of any portion of the Project. If any such claim is asserted, or any such lien or charge upon
<br />payments, or any such taxes, assessments, impositions or other charge upon payments, or any such
<br />taxes, assessments, impositions or other charges are sought to be imposed, the Agency shall give prompt
<br />notice to the Developer and the Developer shall have the sole right and duty to assume, and will assume,
<br />the defense thereof, with full power to litigate, compromise or settle the same in its sole discretion.
<br />In addition thereto, the Developer will pay upon demand all of the reasonable fees and expenses
<br />paid or incurred by the Agency in enforcing the provisions hereof.
<br />In addition, Developer will maintain, at all times during the term of this Agreement, hazard and
<br />liability insurance sufficient to protect the Agency's interests.
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