Common use of LIABILITY OF DEVELOPER Clause in Contracts

LIABILITY OF DEVELOPER. DEVELOPER shall save and hold the BOARD harmless and free from any suit or cause of action, claim or demand, which may be brought or made against the DEVELOPER or its successor in interest or its purchaser by any third party arising from the performance or nonperformance of the construction of the subdivision improvements as provided herein or any and all other conditions of this Agreement. DEVELOPER shall furthermore continue to be liable to the BOARD for the performance of all terms and conditions of this Agreement regardless of the DEVELOPER's failure to continue work under this Agreement or assignment of its rights to do such work and regardless of the status of ownership of the real property or any portion thereof made the subject of the final Subdivision Map of the Subdivision referred to in this Agreement. In the event the BOARD is required to institute legal action to compel performance of this Agreement, or to defend any suit or claim, or liability resulting from or arising out of this Agreement, DEVELOPER shall pay to the BOARD all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by the BOARD in connection therewith.

LIABILITY OF DEVELOPER. DEVELOPER shall save and hold the BOARD harmless and free from any suit or cause of action, claim or demand, which may be brought or made against the DEVELOPER or its successor in interest or its purchaser by any third party arising from the performance or nonperformance of the construction of the subdivision improvements as provided herein or any and all other conditions of this Agreement. DEVELOPER shall furthermore continue to be liable to the BOARD for the performance of all terms and conditions of this Agreement regardless of the DEVELOPER's failure to continue work under this Agreement or assignment of its rights to do such work and regardless of the status of ownership of the real property or any portion thereof made the subject of the final Subdivision Map of the Subdivision referred to in this Agreement. In the event the BOARD is required to institute legal action to compel performance of this Agreement, or to defend any suit or claim, or liability resulting from or arising out of this Agreement, DEVELOPER shall pay to the BOARD all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by the BOARD in connection therewith.