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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 by <br />any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and <br />no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars <br />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 as <br />an additional insured on the policy, and the Developer or all its subcontractors shall file with the <br />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 />VALIDITY <br />If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is <br />for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect <br />or void any of the other provisions of the Site Improvement Performance Agreement. <br />GENERAL <br />A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to <br />the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be <br />binding upon all future owners of all or any part of the Property and shall be deemed covenants <br />running with the land. <br />06/19/02 7 Raske Agreement <br />