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12-18-2019 Workshop & Council Packets
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12-18-2019 Workshop & Council Packets
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<br />10 <br /> <br />necessary. In the event the City does any such work, the City may, in addition to its other remedies, <br />assess its costs in whole or in part against the property to be collected in the manner of property taxes. <br />Indemnification and Insurance <br /> <br />27. The Owner agrees to indemnify, defend and hold harmless the City, its a gents and <br />employees from any claim, demand, suit, action or other proceeding whatsoever by any person <br />for any loss or damage to property or any injury to or death of any person resulting from any <br />actions of the Owner, or its agents or contractors. <br />28. Until all of Owner's obligations under this Agreement are fulfilled, Owner shall provide <br />and maintain public liability and property damage insurance covering personal injury, including death, <br />and claims for property damage which may arise. Limits for bodily injury or death shall not be less <br />than $500,000 for one person and $1,000,000 for each occurrence. Limits for property damage shall <br />not be less than $500,000 for each occurrence. The City shall be named as an additional named <br />insured on said policy, and the Owner shall file a certificate evidencing the insurance coverage <br />with the City prior to the commencement of mining operations. The policy must contain a <br />provision that the insurer will not cancel or modify the policy without giving written notice to the <br />insured and the City at least thirty (30) days before the cancellation or modification becomes <br />effective. Not less than fifteen (15) days prior to the expiration of any policy, the Owner or its <br />successor must furnish the City satisfactory evidence that the policy has been renewed or replaced <br />by another policy conforming to the provisions of this Paragraph. <br />29. The insurance policy obtained by the Owner is subject to City approval. In the event <br />that the City is held liable to a third party by a court of competen t jurisdiction for damages and <br />the insurance obtained by Owner for any reason fails to cover the City, Owner retains its obligation <br />to indemnify the City and hold it harmless as stated above.
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