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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 attorney's 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 the Developer shall be grounds for denial of building permits, including lots sold to third <br />parties, and Certificates of Occupancy. <br />H. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter arising, available to <br />City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein <br />set forth or otherwise so existing may be exercised from time to time as often and in such order as may be <br />deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any <br />other right, power or remedy. <br />I. Developer shall take out and maintain or cause to be taken out and maintained until <br />six (6) months after the City has accepted the public improvements, commercial general liability and <br />property damage insurance covering personal injury, including death, and claims for property damage which <br />may arise out of 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 <br />and $2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each <br />occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an <br />additional insured on the policies, and the Developer shall file with the City a certificate evidencing <br />coverage prior to the City signing the plat or issuing any permits. The certificate shall provide that the City <br />must be given advance written notice of the cancellation of the insurance. <br />187184v1 14 <br />