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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 drawings in accordance with the City of South Bend <br />Prevailing Specifications for Public Works, which may be found <br />at https://southbendin.gov/wp-content/uploads/2018/07/SBN-Spec-Stand-FINAL- <br />062618-REV-2_BPWSignature.pdf <br />Owner’s failure to comply with this Section 7shall be a material breach of this Agreement. <br />8.Indemnification <br />Owneragrees 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, Owneragrees 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 asan additional insuredon any such policy and produce to the Citya certificate <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, Ownerhereby grants theCity first <br />priority on any proceeds received from the Owner’s insurance. Notwithstanding anything in this <br /> <br />