Notwithstanding the foregoing, if Developer fails to comply with any of the road maintenance, repair, and public safety obligations of this Agreement, or if Developer undertakes or permits work or other activity in violation of the restrictions set forth in the Agreement and County reasonably determines that expedited action by Developer is required, County shall give Developer written notice of the default and Developer shall have forty-eight (48) hours to cure the default.

10.3 Failure to Cure Default. If Developer pursues cure of the default with reasonable diligence but does not cure the default within the required period or such longer period as may be necessary if the default may not reasonably be cured within the required period, then County will not avail itself of any remedy afforded it by law or any of the above cumulative, non-exclusive remedies. Provided, however, that if Developer fails to comply with any obligation of the Agreement and County Engineer reasonably determines that such failure has caused or is causing an immediate danger to public health and safety, County may, in its reasonable discretion, immediately and without further notice to Developer avail itself of any remedy afforded it by law and any of the above cumulative, non-exclusive remedies. County will provide written notice to Developer pursuant to Section 10.1(c) prior to drawing on a letter of credit or other security.

10.4 No Additional Waiver Implied by One Waiver. If any condition, obligation, or agreement contained in this Agreement is breached by either Party and thereafter waived in writing by the opposite Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breaches hereunder. All waivers must be in writing to be effective.

10.5 No Remedy Exclusive. No remedy herein conferred upon or reserved to County shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient.

10.6 Miscellaneous. Developer shall be responsible to make certain all of its contractors, subcontractors, agents, employees, and representatives comply with all material terms of this Agreement.

Anything to the contrary herein notwithstanding, except in the case of fraud, negligence or willful misconduct by the County and/or its elected and appointed officials, officers, agents, employees, representatives, and volunteers, such parties shall not be liable or responsible in any manner to Developer Parties for any claims, demands, damages, actions, or causes of action of any kind or character whatsoever arising out of the following: any and all work which is Developer's obligation to perform pursuant to this Agreement; the failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; the failure by Developer to pay contractors, subcontractors, laborers, or materialmen; the failure by Developer to pay for materials; or the failure by Developer to obtain necessary permit or authorization to construct the work described in this Agreement. Developer further agrees to indemnify, defend, and hold County and its elected and appointed officials, officers, engineers, agents, employees, representatives, and volunteers harmless from all such claims, demands, damages, actions, or causes of action, and all costs, disbursements, and expenses resulting from such claims, including reasonable attorneys' fees to the extent that such claims,

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