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qualify for exemption under the public service records laws, and his determination shall be final and binding and shall not constitute a dispute or breach of this Agreement. 16. INTENTIONALLY OMITTED. 17. PAYMENTS TO SUBCONTRACTORS A. The Developer shall take one of the two following actions within seven (7) calendar days after receiving amounts paid to the Developer by the City for work performed by any subcontractor under this Agreement: 1. Pay the subcontractor for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor under that subcontract; or 2. Notify the City and the subcontractor, in writing, of the Developer's intention to withhold all or a part of the subcontractor's payment and explain the reason for the nonpayment. B. The Developer shall pay interest at the rate of one (1) percent per month to the subcontractor on all amounts owed by the Developer that remain unpaid after seven (7) consecutive calendar days following receipt by the Developer of payment from the City for work performed by the subcontractor under that contract, except for amounts withheld as allowed in subsection A.2 above. C. The Developer shall insert in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower -tier subcontractor. D. The Developer's obligation to pay an interest charge to a subcontractor pursuant to this section shall not be construed to be an obligation of the City. This Agreement may not be modified for the purpose of providing reimbursement for such interest charge. E. So long as the failure of the Developer to make prompt payment is not due to the failure of the City to pay the Developer, the Developer shall indemnify and hold the City harmless for any lawful claims resulting from failure of the Developer to make prompt payments to all persons supplying the Developer with equipment, labor, tools or materials in prosecution and completion of the work provided for in the Agreement. In the event of such claims, the City may, after providing written notice to the Developer, withhold from any progress and/or final payment the unpaid sum of money deemed sufficient to pay all lawful claims and associated costs in connection with the Agreement. 18. NON-DISCRIMINATION Developer covenants and agrees that during the performance of this Agreement: 11