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8.A. - Page 65 <br /> Agreement, or a claim for reimbursement of unexpended funds advanced by Developer to City. <br /> Without limiting the generality of the foregoing, neither City nor Developer shall be liable under <br /> any circumstances for any direct, indirect, special, compensatory, consequential, punitive or <br /> exemplary damages, regardless of whether the claim for damages is based on contract, tort, <br /> statute or other basis of liability. <br /> (e) Indemnification Survives Termination. The rights and obligations set forth <br /> in this Section 5.1 shall survive termination of this Agreement. <br /> 5.2 Insurance Requirements. <br /> (a) Commercial General Liability Insurance. Developer shall, at all times <br /> during the term of this Agreement, maintain (or with City's approval cause to be maintained <br /> jointly with the other developers installing and providing the improvements or through an <br /> association of property owners) comprehensive commercial general liability and property <br /> damage insurance applicable to the Project, covering the risks of bodily injury and /or death, <br /> property damage, and personal injury liability, with a limit of not less than $3,000,000.00 per <br /> occurrence or in such other amount as shall be determined by City's insurance officer or advisor. <br /> Each policy of insurance hereunder shall name the City, its boards, commissions, officers, <br /> agents, and employees as an additional insured, and shall provide for contractual liability <br /> coverage. <br /> (b) Workers' Compensation Insurance. Developer shall also provide, or cause <br /> to be provided, Workers' Compensation insurance as required by law, covering employees of <br /> Developer and employees of any contractor, subcontractor, agent or representative of Developer. <br /> (c) General Requirements for Insurance. Each policy of insurance carried by <br /> Developer hereunder shall provide that it may not be cancelled without at least thirty (30) days' <br /> prior written notice to City. Upon request of City, Developer shall furnish to City a copy of each <br /> policy of insurance carried hereunder, or a certificate thereof, stating that such insurance is in full <br /> force and effect and, in the case of the public liability insurance, showing City named as an <br /> additional insured. Subject to City's approval, any insurance required to be maintained by <br /> Developer hereunder may be maintained under a so- called "blanket policy ", insuring other <br /> parties and other locations, so long as the amount of insurance required to be provided hereunder <br /> is not thereby diminished. <br /> In addition, any and all insurance required to be obtained and the coverage of City <br /> required thereunder shall be primary insurance and not contributing with any other insurance <br /> maintained by the City of Redwood City. <br /> 5.3 No Supersedure. The provisions of this Article 5 relating to indemnity and <br /> insurance shall not supersede and shall be in addition to any requirements contained in any <br /> Project Approval or any other land use entitlement pertaining to the Site. <br /> 82483.00019\9644366. 13 <br /> ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA <br /> REV: 07 -22 -15 VR <br /> Page 24 of 102 <br />