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Dedicated Improvements Agreement - Terms for City Water and Sewer Extension and Dedication of Dylan Dr. - GLC Portage Prairie IV, LLC
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Dedicated Improvements Agreement - Terms for City Water and Sewer Extension and Dedication of Dylan Dr. - GLC Portage Prairie IV, LLC
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4/9/2025 8:55:23 AM
Creation date
9/23/2020 3:12:45 PM
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Board of Public Works
Document Type
Contracts
Document Date
9/22/2020
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1111ps://soLillibeiidiii LO—V,/wn..co-lll:efit/u 1g�W.,/ C 1 /Q. 111N <br />III 1[" V 2 ...:al b..a�.............................Jg�:➢.:2t;;u�� ,..p f <br />Owner's failure to comply with this Section 8 shall be a material breach of this Agreement. <br />9. Indemnification <br />Owner shall indemnify, defend, and hold the City, and its respective agents, employees, <br />successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including <br />attorneys' fees, which the City may suffer or incur as a result of any claims or actions which may <br />be brought by any person or entity arising out of this Agreement. If any action is brought against <br />the City or its respective agents, employees, successors, or assigns, in connection with this <br />Agreement, Owner agrees to defend such action or proceedings at its own expense, using counsel <br />acceptable to the City, and to pay promptly any judgment rendered therein. <br />10. Insurance <br />Owner, at Owner's sole expense, shall maintain during the term of this Agreement, <br />commercial general liability insurance covering the company and activity in the amount not less <br />than Five Million Dollars ($5,000,000) per occurrence. Owner agrees to include the City as an <br />additional insured on any such policy and produce to the City a certificate of insurance evidencing <br />the same within ten (10) days of the execution hereof. Notwithstanding anything in the Agreement <br />to the contrary, the City does not waive any governmental immunity or liability limitations <br />available to it under Indiana law. <br />
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