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<br />(Page ~ of 12) <br /> <br />e <br /> <br />e <br /> <br />respect to the limits of the insurer's liability (cross liability <br /> <br />endorsements); <br /> <br />c) Naming City, its Council, commissions, boards, committees, officers, <br /> <br />employees and agents as additional insureds; and <br /> <br />d) Providing that Owner's insurance shall be primary insurance relating <br /> <br />to Contractor's work hereunder with respect to City, its Council, <br /> <br />commissions, boards, committees, officers, employees and Agents, <br /> <br />and further providing that any insurance or self-insurance maintained <br /> <br />by City for itself, its Council, commissions, boards, committees, <br /> <br />officers, employees and agents shall not be excess of Contractor's <br /> <br />insurance and shall not be contributory with it. <br /> <br />Such insurance shall also specifically insure any contractual liability <br /> <br />assumed by Owner under the terms of this Agreement, including, but <br /> <br />not limited to, the provisions of Paragraph 1 above. <br /> <br />5. MONUMENTS. All pipes and monuments shown on the subdivision map <br /> <br />hereinafter referenced which are destroyed or displaced during construction operations <br /> <br />shall be replaced by Owner at the time of the final inspection of the Improvements, if <br /> <br />any, hereunder by City. <br /> <br />6. OWNERSHIP AND MAINTENANCE OF IMPROVEMENTS. It is agreed <br /> <br />that title and ownership of the improved public street, sidewalk, storm drain extension, <br /> <br />sanitary sewer lateral in city right-of-way, and the water mains and services to the water <br /> <br />meters, constructed for the benefit of City hereunder by Owner shall vest absolutely in <br /> <br />City upon completion and acceptance of such Improvements by City. <br />Atty/Agr/2005.028 <br />062805 6 <br />