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costs to City associated with its defense of any Third Party Project-Related Challenge, including <br /> but not limited to the time and expenses of the City Attorney's Office, other City staff, any <br /> Consultants ar experts retained in connection with the Third Party Project-Related Challenge, <br /> attorney's fees of City's selected outside counsel, and litigation costs shall be fully reimbursed to <br /> City by Developer. City will provide Developer with monthly invoices for all such costs in the <br /> case of a Third Party Project-Related Challenge. Developer shall make payment to City for any <br /> costs covered by this section within thirty (30) days of receipt of an invoice from City for such <br /> costs. <br /> (b) Developer's waivers with regard to City as well as its commitments to the <br /> defense and indemnification of City set forth herein shall remain in full force and effect <br /> throughout all stages of any lawsuit, claim, or proceeding. <br /> (c) In the event of any Third Party Project-Related Challenge, the Parties shall <br /> cooperate in defending against such challenge. Each party shall promptly notify the other of any <br /> such challenges. Developer shall assist and cooperate at its expense with City in connection with <br /> any such challenges. <br /> (d) In any action at law or equity or other legal or administrative proceeding <br /> arising out of or relating to this Agreement, or Developer's proposal to develop the Project, or <br /> City's review, evaluation, consideration, proceeding or disposition of Developer's proposal to <br /> develop the Project, neither City nor Developer shall be entitled to damages or other remedies or <br /> relief except as expressly set forth in this Agreement. Permitted remedies shall include <br /> mandatory or injunctive relief, writ of mandate, specific performance or termination of this <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 far 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 /> 52 Insurance Requirements. <br /> (a) Commercial General Liabilitv 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 /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA <br /> REV:08-18-15 VR <br /> Page 23 of 40 <br /> 82483.00019\9644366.16 <br />