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employees, its agents and assigns shall be named as an additional insured on the <br />policy, and the Developer or all its subcontractors 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 (10) days advance written notice of <br />the cancellation of the insurance. The certificate may not contain any disclaimer <br />for failure to give the required notice. <br />REIMBURSEMENT OF COSTS FOR DEFENSE <br />The Developer agrees to reimburse the City for all costs incurred by the City in <br />defense of enforcement of this Agreement, or anyy portion thereof, including court <br />costs and reasonable engineering and attorneys' fees if the City prevails in such <br />action. <br />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 />XII. 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 mailed by United States mail to the addresses hereinbefore set forth on <br />Page 1 by certified mail (return receipt requested). Such notice or demand <br />shall be deemed timely given when delivered personally or when <br />deposited in the mail in accordance with the above. The addresses of the <br />parties hereto are as set forth on Page 1 until changed by notice given as <br />above. <br />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 />MuellerPerformAgmt page 8 of 10 <br />