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• <br />• <br />• <br />OCCUPATION OF PREMISES <br />The Developer agrees that it will not cause to be occupied any portion of the building or <br />improvements to be constructed upon the premises until completion of the building and site <br />improvements (other than landscaping and similar site improvements that cannot reasonably be <br />completed due to weather or seasonal conditions) as more fully described in the approved plans <br />and following issuance of a Certificate of Occupancy. <br />INSURANCE <br />Developer or all its subcontractors shall take out and maintain until one (1) year after the <br />City has accepted the private improvements, public liability and property damage insurance <br />covering personal injury, including death, and claims for property damage which may arise out of <br />the Developer's Work 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 Hundred Thousand <br />and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) <br />Dollars for each occurrence; or a combination single limit policy of One Million and no/100 <br />($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named <br />as an additional insured on the policy, and the Developer or all its subcontractors shall file with <br />the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall <br />provide that the City must be given ten (10) days advance written notice of the cancellation of the <br />insurance. The certificate may not contain any disclaimer 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 defense of <br />enforcement of this Agreement, or any portion thereof, including court costs and reasonable <br />engineering and attorneys' fees if the City prevails in such action. <br />