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<br /> 15 <br />212751v1 <br /> F. Developer will hold the City and its officers, agents, and employees harmless <br />from claims made by third parties, including but not limited to other property owners, tenants, <br />contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting <br />from 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 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 and Certificates of <br />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 <br />herein set forth or otherwise so existing may be exercised from time to time as often and in such order as <br />may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time <br />thereafter any other right, power or remedy. <br /> I. Developer shall take out and maintain or cause to be taken out and maintained <br />until 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 <br />which may arise out of Developer's work or the work of its contractors or by one directly or indirectly <br />employed by any of them. The insurance may be provided by a single policy or multiple policies <br />including excess of or umbrella policies and shall have limits for bodily injury and death not less than <br />$1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not <br />less than $1,000,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The <br />City shall be named as an additional insured on the policies, and the Developer shall file with the City a