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The Developer agrees that it will not cause to be occupied any portion of <br />the building or improvements to be constructed upon the premises until <br />completion of the building and site improvements as more fully described <br />in the approved plans and following issuance of a Certificate of <br />Occupancy. <br />1: 11060191de10us] N <br />Developer or its general contractor shall take out and maintain until one <br />year after the City accepted the Developer Improvements, public liability <br />and property damage insurance covering personal injury, including death, <br />and claims for property damage which may arise out of the Developer's or <br />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. <br />Limits for bodily injury and death shall be not less than Five Hundred <br />Thousand and no/100 ($500,000.00) Dollars for one person and One <br />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 <br />($1,000,000.00) Dollars for each occurrence; or a combination single limit <br />policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The <br />City, its employees, its agents and assigns shall be named as an <br />additional insured on the policy, and the Developer or its general <br />contractor shall file with the City a certificate evidencing coverage prior to <br />the City signing the plat. The certificate shall provide that the City must be <br />given ten days advance written notice of the cancellation of the insurance. <br />The certificate may not contain any disclaimer for failure to give the <br />required notice. <br />XI. REIMBURSEMENT FOR LITIGATION EXPENSES. <br />The City and Developer agree that the prevailing party in any litigation <br />pertaining to the enforcement of this Agreement shall be entitled <br />to reimbursement from the non -prevailing party for all reasonable costs <br />incurred by said prevailing party including court costs and reasonable <br />engineering and attorneys' fees. <br />XII. VALIDITY. <br />If a portion, section, subsection, sentence, clause, paragraph or phrase in <br />this 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 <br />provisions of the Site Improvement Performance Agreement. <br />416 Lilac Street Site Performance Agreement page 8 of 11 <br />