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payment of losses and related investigations, claim administration and
<br />defense expenses.
<br />V. Concurrently with the execution of this Agreement, Developer
<br />will furnish City with certificates and copies of information or declaration
<br />pages of the insurance required hereunder and, with respect to evidence of
<br />commercial general liability and automobile liability insurance coverage,
<br />original endorsements:
<br />1. Precluding cancellation or reduction in coverage before
<br />the expiration of thirty (30) days after City will have received written
<br />notification of cancellation or reduction in coverage by first class mail,
<br />postage prepaid;
<br />2. Providing that Developer's insurance will apply
<br />separately to each insured against whom claim is made or suit is
<br />brought, except with respect to the limits of the insurer's liability
<br />(cross liability endorsements);
<br />3. Naming City, its Council, commissions, boards,
<br />committees, officers, employees and agents as additional insureds;
<br />and
<br />4. Providing that Developer's insurance will be primary
<br />insurance relating to Contractor's work hereunder with respect to
<br />City, its Council, commissions, boards, committees, officers,
<br />employees and Agents, and further providing that any insurance or
<br />self-insurance maintained by City for itself, its Council, commissions,
<br />boards, committees, officers, employees and agents will not be
<br />excess of Contractor's insurance and will not be contributory with it.
<br />Such insurance will also specifically insure any contractual liability
<br />assumed by Developer under the terms of this Agreement, including,
<br />but not limited to, the provisions of subsection (a) above.
<br />In the event that Developer's insurance is cancelled, Developer will
<br />provide replacement coverage or all work must cease as of the
<br />cancellation date until replacement insurance coverage is provided.
<br />9. PERMITS AND APPROVALS. To the extent that performance of the
<br />Maintenance Services or other Activities requires permits or governmental approvals,
<br />Developer will, at its sole cost and expense, obtain such permits and approvals. City will
<br />issue encroachment permits, from time to time, on the terms set forth in Section 8 above.
<br />10. TERM. This Agreement will commence immediately upon the Effective
<br />Date and will continue in perpetuity until and unless terminated by City.
<br />11. INDEMNIFICATION. Developer will indemnify, defend and hold City, its
<br />Council, boards, offices, commissions, agents and employees harmless from liens,
<br />claims, demands, actions, causes of action, obligations, liabilities, damages, losses, costs
<br />REV: 12-11-19 PR
<br />ATTY/AGR.2019.312Moodside Professional Center, LLC (Page 6 of 12)
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