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6.5 Intention of Citv. Nothing in this Section 6 will be construed, either <br />expressly or by implication, as indicating City's intention to exercise dominion or <br />control over the Improvements. <br />7. No Impairment of Lien. No violation or breach of the agreements, <br />conditions, restrictions, provisions or limitations contained in this Agreement will defeat or <br />render invalid or in any way impair the lien or charge of any mortgage, deed of trust or <br />other financing or security instrument; provided, however, that any successor of <br />Developer to the Property or any portion thereof will be bound by such agreements, <br />conditions, restrictions, limitations and provisions, whether such successor's title was <br />acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. <br />8. Encroachment Permit; Right of Ent . To the extent that the Improvements <br />are located within City rights-of-way, Developer will obtain a single on-going revocable <br />encroachment permit from City in order for Developer to perform its obligations under this <br />Agreement. Such an encroachment permit will set forth the terms and provisions upon <br />which Developer has a right to enter onto such rights-of-way in order to perform <br />maintenance, inspection, repair and, if and when necessary, replacement services <br />(collectively, "Maintenance Services"). The encroachment permit will include the <br />following terms and conditions: <br />8.1 Permitted Uses. Developer may enter upon such Improvements as are <br />located within City rights-of-way, and may temporarily block reasonably necessary <br />portions of the adjoining street surfaces, solely for the purpose of performing <br />Maintenance Services, and incidental purposes thereto, such as operating <br />equipment and storing materials during the period maintenance services are being <br />performed (collectively, "Activities"). Developer will not use such areas for any <br />other purpose. <br />8.2 Insurance. <br />General Liabilit . Developer shall maintain commercial general liability <br />insurance with coverage at least as broad as Insurance Services Office <br />form CG 00 01, in an amount not less than Two Million Dollars <br />($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general <br />aggregate, for bodily injury, personal injury, and property damage, <br />including without limitation, blanket contractual liability and coverage for <br />explosion, collapse and underground property damage hazards. <br />Developer's general liability policies shall be primary and non- <br />contributory, and be endorsed using Insurance Services Office form CG <br />20 10 to provide that City and its officers, officials, employees, and <br />agents shall be additional insureds under such policies. For construction <br />contracts, an endorsement providing completed operations to the <br />additional insured, ISO form CG 20 37, is also required. <br />b. Workers' Compensation. Developer shall maintain Workers' <br />Compensation Insurance (Statutory Limits) and Employer's Liability <br />REV: 11-21-2022 SK <br />ATTY/AGR 2022.402/955 Woodside Rd, LLC (Page 5 of 14) <br />