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from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss <br />or damage to property or any injury to or death of any person resulting from any actions of the <br />Developer, or their agents or contractors. Until all of Developer's obligations under this contract <br />are fulfilled, the Developer shall provide and maintain public liability and property damage <br />insurance covering personal injury, including death, and claims for property damage which may <br />arise. Limits for bodily injury or death shall not be less than $1,000,000 for one person and <br />$2,000,000 for each occurrence. Limits for property damage shall not be less than $2,000,000 <br />for each occurrence. The City shall be named as an additional named insured on said policy, and <br />the Developer shall file a copy of the insurance coverage with the City prior to the <br />commencement of the Required Improvements. The insurance policy obtained by the Developer <br />is subject to City approval. In the event that the City is held liable to a third party by a court of <br />competent jurisdiction for damages and the insurance obtained by Developer for any reason fails <br />to cover the City, the Developer shall be liable under this Contract for any and all costs incurred <br />or damages claimed against the City. <br />3. This Development Contract cannot be assigned or transferred without prior written <br />approval of the City. <br />4. Any breach of the terms of this Agreement by the Developer shall be grounds for <br />denial of the issuance of any building permit. <br />5. There is no intent to benefit any third parties and third parties shall have no recourse <br />against the City under this Contract. <br />6. The Developer shall reimburse the City for all costs incurred by the City in defense <br />or enforcement of this Contract due to actions or inactions of Developer including court costs <br />and reasonable engineering and attorneys' fees. <br />-2_ <br />