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<br />18 <br />188068v5 <br />by written resolution of the City Council. Failure to promptly take legal action to enforce this Agreement <br />shall not be a waiver or release. <br /> F. The Developer will hold the City and its officers, agents, and employees harmless from <br />claims made by third parties, including but not limited to other property owners, tenants, contractors, <br />subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting from <br />approval of this Planned Unit Development and the development of the Subject Property unless such <br />claims are caused by the City’s negligent, reckless or willful misconduct. The Developer will indemnify <br />the City and its officers, agents, and employees for all costs, damages, or expenses, including reasonable <br />engineering and attorneys’ fees, which the City may pay or incur in consequence of such claims, except if <br />caused by City negligence, reckless or willful misconduct. <br />G. In addition to all legal or equitable remedies, breach of any material term of this <br />Agreement by Developer shall be grounds for denial of building permits and Final Certificates of <br />Occupancy. <br /> H. Each right, power or remedy herein conferred upon a party to this Agreement is cumulative <br />and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available <br />at law or in equity, or under any other agreement, and each and every right, power and remedy herein set <br />forth or otherwise so existing may be exercised from time to time as often and in such order as may be <br />deemed expedient and shall not be a waiver of the right to exercise at any time thereafter any other right, <br />power or remedy. <br /> I. The Developer shall take out and maintain or cause to be taken out and maintained until six <br />(6) months after the City has accepted the public improvements, commercial general liability and property <br />damage insurance covering personal injury, including death, and claims for property damage which may <br />arise out of the Developer's work or the work of its contractors or by one directly or indirectly employed by <br />any of them. The insurance may be provided by a single policy or multiple policies including excess of or <br />umbrella policies and shall have limits for bodily injury and death not less than $1,000,000 for one person