CU 18-1 <br />d. 2ggs: All permanent signs within the development shall conform to Eugene Sign Code <br />Sections 9.6600 to 9.6680, or the corresponding provision of any future law. <br />e. Indemnity: The Developer agrees to hold the City harmless from any and all costs, <br />damages, or liabilities to third persons which may hereafter arise by reason of claims of <br />personal injuries or property damages sustained by third persons as a result of physical <br />conditions existing in the development including, but not limited to, liability based upon <br />design features of the development and/or its maintenance. <br />2. ADDITIONS DELETIONS OR MODIFICATIONS <br />Any addition, deletion, or modification of this Agreement, including exhibits, is subject to <br />review and written consent by the Planning Director or the Planning Director's designee. <br />3. ENFORCEMENT <br />a. Noncompliance: Failure by the Developer to comply with the following shall constitute <br />a breach of this Agreement, and upon breach of this Agreement City may refuse to issue <br />or may revoke occupancy permits: <br />(1) Developer shall perform and complete the work upon the development within the <br />terms of this Agreement, its exhibits, and applicable law; <br />(2) Developer shall employ a competent superintendent to be in attendance at the <br />development site during the progress of work; <br />(3) Developer shall supply enough properly skilled workers or proper materials (except <br />in cases in which an extension of time is available) to complete the development in a <br />timely manner; <br />(4) Developer shall operate and maintain the development in a satisfactory condition in <br />conformance with this Agreement, its exhibits, and applicable law. <br />b. Liquidated Damages: As a separate remedy apart from any remedy otherwise allowed <br />under this Agreement or otherwise allowed under Oregon law, the City may, within its <br />sole discretion, determine to seek damages from the Developer for a breach of this <br />Agreement. If the City elects to pursue this remedy, it shall first notify the Developer <br />with reasonable particularity of the nature of the breach and shall afford the Developer <br />a reasonable time within which to cure. It is mutually understood and agreed between <br />the parties that damages in the event of Developer's breach will be difficult to ascertain <br />with reasonable certainty because one of City's primary interest in this Agreement is the <br />protection of the public health, safety, and welfare of its citizens a measure that is <br />inherently difficult to calculate. The amount of City's damages being difficult to <br />ascertain, it is thus mutually agreed that damages shall be computed on the basis of <br />$250 per day for each day each breach continues. It is further recognized and agreed <br />Page 3 of 5 <br />