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<br />{00149157 12} 24.
<br />has terminated, including without limitation the posting of all security required hereunder, prorated
<br />equitably based on the portion of the Owner’s Property then proposed to be developed.
<br />
<br />13.3 Representatives Not Individually Liable; Indemnification
<br />
<br />The City and its officers, agents, servants and employees shall not be liable for any damage
<br />or injury to the Developer, or its successors, transferees, or assigns, or its officers, agents, servants
<br />or employees, or the Property, due to any act of negligence by any person other than the officers,
<br />agents, servants and employees of the City. No officer, agent or employee of the City shall be
<br />personally liable to the Developer, or any successor in interest, in the event of any default or breach
<br />by the City on any obligation or term of this Master Agreement. Developer shall defend,
<br />indemnify, and hold the City and its officers, agents, and employees harmless from any and all
<br />claims, demands, suits, actions, attorney’s fees, or other proceedings arising or purportedly arising
<br />from Developer’s negligent or otherwise wrongful actions or inactions under the terms of this
<br />Agreement. Owner shall defend, indemnify, and hold the City and its officers, agents, and
<br />employees harmless from any and all claims, demands, suits, actions, or other proceedings arising
<br />or purportedly arising from Owner’s negligent or otherwise wrongful actions or inactions under
<br />the terms of this Agreement. Furthermore, the deeds and easements required to be escrowed
<br />hereunder shall convey the fee or easement, as the case may be, free and clear of any prior liens or
<br />encumbrances, and the Owner or Developer, as the case may be, shall defend, indemnify and hold
<br />the City harmless from any and all liens or encumbrances.
<br />
<br />The Developer and its successors, transferees or assigns, or its officers, agents, servants
<br />and employees shall not be liable for any injury to the City, its officers, agents, servants or
<br />employees, due to any act of negligence by any person other than the Developer, its successors,
<br />transferees or assigns or its officers, agents, servants and employees. No officer, agent, servant or
<br />employee of the Developer or Owner shall be personally liable to the City or its officers, agents,
<br />servants or employees in the event of any default or breach by the Developer or Owner of any
<br />obligation or term of this Master Agreement.
<br />
<br />13.4 Insurance
<br />
<br />As will be specified in each Subdivision Agreement with regard to the applicable phase of
<br />the Development, the Developer or its general contractor shall take out and maintain until one year
<br />after the City accepted the Developer Improvements, public liability and property damage
<br />insurance covering personal injury, including death, and claims for property damage which may
<br />arise out of the Developer's or general contractor’s work, as the case may be, or the work of its
<br />subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury
<br />and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one
<br />person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for
<br />property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each
<br />occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00)
<br />Dollars or more. The City, its employees, its agents and assigns shall be named as an additional
<br />insured on the policy, and the Developer or its general contractor shall file with the City a
<br />certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that
<br />the City must be given ten days advance written notice of the cancellation of the insurance. The
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