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B. Breach of the terms of this Agreement by the Developer <br />shall be grounds for denial of the issuance of any building permit or <br />rescission of any building permit. <br />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 remaining <br />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 be <br />binding, amendments or waivers shall be in writing, signed by the <br />parties and approved by written resolution of the City Council. The <br />City's failure to promptly take legal action to enforce this <br />Agreement shall not be a waiver or release. <br />E. The Developer shall provide and maintain public <br />liability and property damage insurance covering personal injury, <br />including death, and claims for property damage which may arise. <br />Limits for bodily injury or death shall not be less than $500,000.00 <br />for one person and $1,000,000.00 for each occurrence; limits for <br />property damage shall not be less than $200,000.00 for each <br />occurrence. The City shall be named as an additional named insured <br />on said policy, and the Developer 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 Developer agrees to indemnify, <br />defend and hold harmless the City, its agents and employees, from any <br />claim, demand, suit, action or other proceeding whatsoever by any <br />person for any loss or damage to property or any injury to or death <br />-8- <br />Page 23 <br />