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Developer or its general contractor shall take out and maintain until one year after <br />the City accepts the Improvements, public liability and property damage insurance <br />covering personal injury, including death, and claims for property damage which <br />may arise out of the Developer's or general contractor's Improvements, as the case <br />may be, or the work of its subcontractors or by one directly or indirectly employed <br />by any of them. Limits for bodily injury and death shall be not less than Five <br />Hundred 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 property <br />damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for <br />each occurrence; or a combination single limit policy of Two Million and no/100 <br />($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns <br />shall be named as an additional insured on the policy, and the Developer or its <br />general contractor shall file with the City a certificate evidencing coverage prior to <br />the City issuing a building permit. The certificate shall provide that the City must <br />be given ten days advance written notice of the cancellation of the insurance. The <br />certificate may not contain any disclaimer for 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 jurisdiction, <br />such decision shall not affect or void any of the other provisions of this Agreement. <br />XIII. GENERAL. <br />A. Binding Effect. The terms and provisions hereof shall be binding upon and <br />inure to the benefit of the heirs, representatives, successors and assigns of <br />the parties hereto and shall be binding upon all future owners of all or any <br />part of the Property and shall be deemed covenants running with 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 or <br />on the other party, such notice or demand shall be delivered personally or <br />(i) mailed by United States mail by certified mail (return receipt requested) <br />or (ii) sent by nationally recognized overnight carrier to the addresses <br />hereinbefore set forth on Page 1. Such notice or demand shall be deemed <br />timely given when delivered personally or when deposited in the mail or the <br />overnight carrier in accordance with the above. The addresses of the <br />Aldi Site Performance Agreement page 10 of 13 <br />