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e. Concurrently with the execution of this Agreement, Developer will
<br />furnish City with certificates and copies of information or declaration
<br />pages of the insurance required hereunder and, with respect to evidence
<br />of commercial general liability and automobile liability insurance
<br />coverage, original endorsements:
<br />i. Precluding cancellation or reduction in coverage before the
<br />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 />ii. Providing that Developer's insurance will apply separately to
<br />each insured against whom claim is made or suit is brought, except with
<br />respect to the limits of the insurer's liability (cross liability
<br />endorsements);
<br />iii. Naming City, its Council, commissions, boards, committees,
<br />officers, employees and agents as additional insureds; and
<br />iv. Providing that Developer's insurance will be primary
<br />insurance relating to Contractor's work hereunder with respect to City,
<br />its Council, commissions, boards, committees, officers, employees and
<br />Agents, and further providing that any insurance or self-insurance
<br />maintained by City for itself, its Council, commissions, boards,
<br />committees, officers, employees and agents will not be excess of
<br />Contractor's insurance and will not be contributory with it. Such
<br />insurance will also specifically insure any contractual liability assumed
<br />by Developer under the terms of this Agreement, including, but not
<br />limited to, the provisions of subsection (a) above.
<br />In the event that Developer's insurance is cancelled, Developer
<br />will 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 Maintenance
<br />Services or other Activities requires permits or governmental approvals, Developer will,
<br />at its sole cost and expense, obtain such permits and approvals. City will issue
<br />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 Date
<br />and will continue in perpetuity until and unless terminated by City.
<br />11 Indemnification. Developer will indemnify, defend and hold City, its Council,
<br />boards, offices, commissions, agents and employees harmless from liens, claims,
<br />demands, actions, causes of action, obligations, liabilities, damages, losses, costs and
<br />expenses, including reasonable attorneys' fees (individually, "Claims" and collectively,
<br />"Claims"), which may arise from or in any manner relate to any work performed or services
<br />provided under this Agreement by Developer, or Developer's contractors, subcontractors,
<br />agents or employees, including, but not limited to, the performance of the Maintenance
<br />REV: 11-05-2021 VR
<br />ATTY/AGR.2021.281/Westpoint Harbor, LLC (Page 6 of 12)
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