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($1,000,000.00) Dollars for each occurrence; or a combination single limit policy <br />of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its <br />employees, its agents and assigns shall be named as an additional insured on <br />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 <br />shall provide that the City must be given ten days advance written notice of the <br />cancellation of the insurance. The certificate may not contain any disclaimer for <br />failure to give the required notice. <br />XI. REIMBURSEMENT FOR LITIGATION EXPENSES. <br />The City and Developer agree that the prevailing party in any litigation pertaining <br />to the enforcement of this Agreement shall be entitled to reimbursement from the <br />non -prevailing party for all reasonable costs incurred by said prevailing party <br />including court costs and reasonable engineering and attorneys' fees. <br />XII. VALIDITY. <br />If a portion, section, subsection, sentence, clause, paragraph or phrase in this <br />Agreement is for any reason held to be invalid by a court of competent <br />jurisdiction, such decision shall not affect or void any of the other provisions of <br />the Site Improvement Performance Agreement. <br />XIII. GENERAL. <br />A. Binding Effect. The terms and provisions hereof shall be binding upon <br />and inure to the benefit of the heirs, representatives, successors and <br />assigns of the parties hereto and shall be binding upon all future owners of <br />all or any part of the Property and shall be deemed covenants running with <br />the land. <br />B. Notices. Whenever in this Agreement it shall be required or permitted that <br />notice or demand be given or served by either party to this Agreement to <br />or on the other party, such notice or demand shall be delivered personally <br />or (i) mailed by United States mail by certified mail (return receipt <br />requested) or (ii) sent by nationally recognized overnight carrier to the <br />addresses hereinbefore set forth on Page 1. Such notice or demand shall <br />be deemed timely given when delivered personally or when deposited in <br />the mail or the overnight carrier in accordance with the above. The <br />addresses of the parties hereto are as set forth on Page 1 until changed <br />by notices given as above. <br />C. Incorporation by Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvements furnished and let <br />pursuant to this Agreement shall be and hereby are made a part of this <br />Agreement by reference as fully as if set out herein in full. <br />Ad Site Performance Agreement page 11 of 14 <br />