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10. Reimbursement of City 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 9 (Failure to Maintain Treatment
<br />Measures), or expends any funds in the performance of said work for labor, use of
<br />equipment, supplies, materials, and the like, Developer will reimburse City for costs
<br />incurred by the City hereunder. Developer will make such reimbursement payments
<br />within thirty (30) days of receiving an invoice from City. If these costs are not paid within
<br />the prescribed time period, City may assess Developer the cost of the work, both direct
<br />and indirect, and applicable penalties. Said assessment will be a lien against the Property
<br />or may be placed on the property tax bill and collected as ordinary taxes by City. The
<br />actions described in this section are in addition to, and not in -lieu -of, any and all legal
<br />remedies as provided by law, available to City as a result of Developer's failure to
<br />maintain the stormwater treatment measure(s).
<br />11. Indemnification. Developer will indemnify, hold harmless and defend City and its
<br />authorized agents, officers, officials and employees from and against any and all claims,
<br />demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
<br />payments, costs and expenses, including attorney's fees, claimed or which might arise or
<br />be asserted against City that are alleged or proven to result or arise from the construction,
<br />presence, existence or maintenance of the stormwater treatment measure(s) by
<br />Developer or City (each, individually, a "Claim," and collectively, "Claims"). In the event
<br />such a Claim is asserted against City, its authorized agents, officers, officials or
<br />employees, City will promptly notify Developer and Developer will defend at its own
<br />expense any suit based on such Claim. This section will not apply to any Claims that arise
<br />due to the gross negligence or willful misconduct of City. This Section 11 will survive the
<br />early termination of this Agreement.
<br />12. Insurance. Developer will obtain and maintain in full force and effect during the
<br />term of this Agreement the following insurance policies:
<br />12.1 General Liabilitv. Developer shall maintain commercial general liability
<br />insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
<br />in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million
<br />Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property
<br />damage, including without limitation, blanket contractual liability and coverage for
<br />explosion, collapse and underground property damage hazards. Developer's general
<br />liability policies shall be primary and non-contributory, and be endorsed using Insurance
<br />Services Office form CG 20 10 to provide that City and its officers, officials, employees,
<br />and agents shall be additional insureds under such policies. For construction contracts,
<br />an endorsement providing completed operations to the additional insured, ISO form CG
<br />20 37, is also required.
<br />12.2 Workers' Compensation. Developer shall maintain Workers' Compensation
<br />Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least One
<br />Million Dollars ($1,000,000). Developer shall submit to City, along with the certificate of
<br />insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
<br />employees, and volunteers.
<br />12.3 Auto Liabilitv. Developer shall provide auto liability coverage for owned,
<br />REV: 07-12-22 SK
<br />ATTY/AGR.2022.060/Timothy Regan (Page 4 of 23)
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