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subcontractor entering the job site, or the Developer shall furnish the City Engineer an
<br /> endorsement including all contractors and subcontractors as insured's under its policies.
<br /> Neither the City nor the CFD shall be liable for any accident, loss, or damage to a Facility
<br /> or Discrete Component thereof prior to its completion and formal acceptance by the City Council
<br /> of the City, and the Developer shall save, keep and hold harmless the City and its consultants,
<br /> and each of its Board members, officers, officials, employees, agents and volunteers from all
<br /> damages, costs or expenses in law or equity that may at any time arise or be claimed because of
<br /> damages to any real or personal property, or personal injury received by reason of or in the course
<br /> of performing work on the Facilities, which may be caused by any willful or negligent act or
<br /> omission by the Developer or any of the Developer's employees, or any contractor,
<br /> subcontractor, materialmen, or supplier.
<br /> The cost of insurance required by this subsection shall be born by the Developer and its
<br /> subcontractors and no compensation for purchasing insurance or additional coverage needed to
<br /> meet these requirements will be paid for by the City, but said cost shall be included in the
<br /> Purchase Price of the Facilities.
<br /> In the event that any required insurance is reduced in coverage, canceled for any reason,
<br /> voided or suspended, the Developer shall have a reasonable opportunity to reinstate the required
<br /> insurance or provide replacement insurance meeting the requirements of this Section 7.01. If the
<br /> required insurance is not reinstated or replaced within five (5) consecutive days, Developer
<br /> agrees that the City may arrange for insurance coverage as specified, and the Developer further
<br /> agrees that administrative and premium costs may be deducted from any deposits or bonds the
<br /> City may have, or from the Improvement Fund. A reduction or cancellation, unless cured as set
<br /> forth herein, will be grounds for termination of this Acquisition Agreement and will cause a halt
<br /> to payment for any Facilities or Discrete Components thereof, until the insurance is reestablished.
<br /> Section 7.02. Responsibility for Damage. The Developer shall be solely liable and
<br /> responsible for the work performed as part of the Facilities constructed pursuant to this
<br /> Acquisition Agreement. The Developer shall bear all fees, expenses, losses and damages directly
<br /> or indirectly resulting to it, to the City, and its consultants, and its Board members, officers,
<br /> employees and agents, or to others on account of the performance or character of the work,
<br /> unforeseen difficulties, accidents of any other causes whatsoever.
<br /> The City does not, and shall not, waive any rights against the Developer which it may
<br /> have by reason of the aforesaid hold harmless agreements because of the acceptance by the City,
<br /> or deposit with the City by the Developer of any insurance policies described in Section 7.01.
<br /> The aforesaid hold harmless agreement by the Developer shall apply to all damages and claims
<br /> for damages of every kind suffered, or alleged to have been suffered by reasons of any of the
<br /> aforesaid operations of the Developer, or any subcontractor, regardless of whether or not such
<br /> insurance policies are determined to be applicable to any of such damages or claims for damages.
<br /> No act by the City, or its representatives in processing or accepting any plans, in releasing
<br /> any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve
<br /> the Developer or anyone else from all liability for damage or injury to any person or any real or
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