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event will this Agreement be construed to impose any such obligation on City.
<br />9. Reimbursement of CIN Expenditures. In the event City, pursuant to this
<br />Agreement, performs work of any nature (direct or indirect), including any re -inspections
<br />or any actions it deems necessary or appropriate to return the stormwater treatment
<br />measure(s) to good working order as indicated in Section 8 (Failure to Maintain
<br />Treatment Measures), or expends any funds in the performance of said work for labor,
<br />use of equipment, supplies, materials, and the like, Property Owner will reimburse City for
<br />reasonable costs incurred by the City hereunder. Property Owner will make such
<br />reimbursement payments within thirty (30) days of receiving an invoice from City. If these
<br />costs are not paid within the prescribed time period, City may assess Property Owner the
<br />cost of the work, both direct and indirect, and applicable penalties. Said assessment will be
<br />a lien against the Property or may be placed on the property tax bill and collected as
<br />ordinary taxes by City. The actions described in this section are in addition to, and not in -
<br />lieu -of, any and all legal remedies as provided by law, available to City as a result of Property
<br />Owner's failure to maintain the stormwater treatment measure(s).
<br />10. Indemnification. Property Owner will indemnify, hold harmless and defend
<br />City and its authorized agents, officers, officials and employees from and against any and all
<br />claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
<br />payments, reasonable costs and expenses, including attorney's fees, claimed or which might
<br />arise or be asserted against City that are alleged or proven to result or arise from the
<br />construction, presence, existence or maintenance of the stormwater treatment measure(s)
<br />by Property Owner or City (in the event the City does work under Section 8 (Failure to
<br />Maintain Treatment Measures)) (each, individually, a "Claim," and collectively, "Claims"). In
<br />the event such a Claim is asserted against City, its authorized agents, officers, officials or
<br />employees, City will promptly notify Property Owner and Property Owner will defend at its
<br />own expense any suit based on such Claim. This section will not apply to any Claims that
<br />arise due to the active negligence or willful misconduct of City. This Section 10 will survive
<br />the early termination of this Agreement.
<br />11. Insurance. Property Owner will obtain and maintain in full force and effect
<br />during the term of this Agreement the following insurance policies:
<br />11.1 General Liability. Property Owner shall maintain commercial general liability
<br />insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
<br />an amount not less than Two Million Dollars ($2,000,000) per occurrence, four million dollars
<br />($4,000,000) general aggregate, for bodily injury, personal injury, and property damage,
<br />including without limitation, blanket contractual liability and coverage for explosion, collapse
<br />and underground property damage hazards. Property Owner's general liability policies shall
<br />be primary and non-contributory, and be endorsed using Insurance Services Office form CG
<br />2010 to provide that City and its officers, officials, employees, and agents shall be additional
<br />insureds under such policies. For construction contracts, an endorsement providing
<br />completed operations to the additional insured, ISO form CG 20 37, is also required.
<br />11.2 Workers' Compensation. Property Owner shall maintain Workers'
<br />Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of
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