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SEP -09 -1992 10 :54 FROM SWEENEY BORER & OSTROW TO LITTLE CANADA <br />P.1 <br />C. If any portion, section, subsection, sentence, <br />clause, paragraph, or phrase of this Agreement is for any reason <br />held 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 <br />constitute a waiver or amendment to the provisions of this <br />Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written <br />resolution of the City Council. The City's failure to promptly <br />take legal action to enforce this Agreement shall not be a <br />waiver or release. <br />E. The Developer shall provide and maintain public <br />liability and property damage insurance covering personal <br />injury, including death, and claims for property damage which <br />may arise. Limits for bodily injury or death shall not be less <br />than $500,000.00 for one person and $1,000.000.00 for each <br />occurrence; limits for property damage shall not be less than <br />$200,000.00 for each occurrence. The City shall be named as an <br />additional named insured on said policy, and the Developer shall <br />file a copy of the insurance coverage with the City prior to the <br />City issuing the permit to proceed with the construction of the <br />improvement. <br />F. Indemnification. The Developer agrees to <br />indemnify, defend and hold harmless the City, its agents and <br />employees, from any claim, demand, suit, action or other <br />Page 13 <br />