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<br />LA515\110\984498.v1 <br />them. <br />Limits for bodily injury and death shall be not less than $500,000 for one person and <br />$1,500,000 for each occurrence; limits for property damage shall be not less than <br />$200,000 for each occurrence; or a combination single limit policy of $1,500,000 or <br />more. The City shall be named as an additional insured on the policy, and the <br />Developer shall file with the City a certificate of insurance evidencing coverage prior <br />to the City signing this Agreement. The certificate shall provide that the City must <br />be given 30 days’ advance written notice of the cancellation of the insurance. <br />D. Third parties shall have no recourse against the City under this Agreement. <br />E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Agreement is for any reason held invalid, such decision shall not affect the validity <br />of the remaining portions of this Agreement. <br />F. The action or inaction of the City shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution of the City Council. <br />The City's failure to promptly take legal action to enforce this Agreement shall not be <br />a waiver or release. <br />G. This Agreement shall run with the land and may be recorded against the title to the <br />Subdivision property at the Developer’s expense. The Developer covenants with the <br />City, its successors and assigns, that it is the fee owner of the Subdivision and has <br />obtained consents to this Agreement, in the form attached hereto, from all parties <br />who have an interest in the Subdivision property, including, but not limited to, <br />mortgagees; that there are no unrecorded interests in the Subdivision property being <br />final platted; and the Developer will indemnify, defend, and hold the City harmless <br />for any breach of the foregoing covenant. Notwithstanding the foregoing, following <br />Developer’s completion of the requirements under this Agreement, at the