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C. If any portion, section, subsection, sentence, clause, <br />paragraph, or phrase of this Agreement is for any reason held <br />invalid, such decision shall not affect the validity of the <br />remaining portions of this Agreement. <br />D. The action or inaction of the City shall not constitute <br />a waiver or amendment to the provisions of this Agreement. To <br />be binding, amendments or waivers shall be in writing, signed by <br />the parties and approved by written resolution of the City <br />Council. The City's failure to promptly take legal action to <br />enforce this Agreement shall not be a waiver or release. <br />E. The Developers shall provide and maintain until the <br />City has accepted the water main improvement, public liability <br />and property damage insurance covering personal injury, <br />including death, and claims for property damage which may arise <br />out of the Developer's work or the work of its contractors or by <br />one directly or indirectly employed by any of them. Limits for <br />bodily injury or death shall not be less than $500,000 for one <br />person and $1,000,000 for each occurrence; limits for property <br />damage shall be not less than $200,000 for each occurrence. The <br />City shall be named as an additional named insured on said <br />policy, and the Developers shall file a copy of the insurance <br />coverage with the City prior to the City issuing the permit to <br />proceed with the construction of the improvement. <br />F. Indemnification. The Developers agree to indemnify, <br />defend and hold harmless the City, its agents and employees, <br />-5- <br />Page 112 <br />