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09-14-2020-R
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09-14-2020-R
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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 /> J. If building permits are issued prior to the acceptance of public improvements,the <br /> Developer assumes all liability and costs resulting in delays in completion of public improvements and <br /> damage to public improvements caused by the City,Developer,its contractors, subcontractors,material <br /> men,employees,agents,or third parties.No sewer and water connection permits may be issued and no one <br /> may occupy a building for which a building permit is issued on either a temporary or permanent basis until <br /> the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are <br /> accepted by the City Engineer in writing. <br /> K. 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 City, <br /> at law or in equity,or under any other agreement,and each and every right,power and remedy herein set forth <br /> or otherwise so existing may be exercised from time to time as often and in such order as may be deemed <br /> expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, <br /> power or remedy. <br /> L. The Developer will pay in full all invoices submitted to it by the City within sixty <br /> (60) days after receipt which reasonably evidence those costs incurred in the drafting, enforcement and <br /> supervision of this Agreement, including reasonable engineering,planning, and attorney's fees. If the <br /> invoices are not paid on time,the City may halt all development work until the invoices are paid in full. <br /> 15 <br /> 211449v2 <br />
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