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d. Owner must provide copies of test reports or cut sheets on all materials supplied. <br />e. Owner must provide As -Built <br />drawings in <br />accordance <br />with the <br />City <br />of South <br />Bend <br />Prevailing Specifications <br />for Public <br />Works, <br />which <br />may <br />be <br />found <br />at gp.coiteaL]oa s/20i /07/S11 N Rc Staid f1NAl..,. <br />.. <br />.0626 i II.Z V 2...... 11. q� /,..SJV�21uf! d f <br />Owner's failure to comply with this Section 7 shall be a material breach of this Agreement. <br />8. Indemnification <br />Owner agrees and undertakes to indemnify and hold the City, and its respective agents, <br />employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, <br />including attorneys' fees, which the City may suffer or incur as a result of any claims or actions <br />which may be brought by any person or entity arising out of this Agreement. If any action is <br />brought against the City or its respective agents, employees, successors, or assigns, in connection <br />with this Agreement, Owner agrees to defend such action or proceedings at its own expense and <br />to pay any judgment rendered therein. <br />9. Insurance <br />Owner, or the owner's contractor, at Owner's sole expense, shall maintain during the term of this <br />Agreement commercial general liability insurance covering the Company and the Activity in an <br />amount not less than Five Million Dollars ($5,000,000.00) per occurrence. Owner, agrees to <br />include the City as an additional insured on any such policy and produce to the City a certifi cate <br />of insurance evidencing the same. To the extent that the City is harmed as a result of the Owner's <br />connection to the City's water and sanitary sewer systems, Owner hereby grants the City first <br />priority on any proceeds received from the Owner's insurance. Notwithstanding anything in this <br />