Water and Sanitary Service Agreement - Utility Extension and Title Sheet for Audubon Woods Section 2

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perpetuity for operating, servicing, or maintaining the sanitary sewer infrastructure in the Audubon Woods Subdivision Sections 1 and 2. 10. Indemnification Owner agrees and undertakes to indemnify and hold the City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of Owner's construction or maintenance of the water main and sanitary sewer system in accordance with this Agreement. If any action is brought against City, its officers, employees, or contractors seeking to recover for any loss, costs, damages or expenses incurred by the City in connection with Owner's construction of the said infrastructure in accordance with this Agreement, Owner agrees to defend such action or proceeding at its own expense. This Section 10 survives the termination or expiration of this Agreement. 11. Insurance Owner, at Owner's sole expense, shall maintain during the term of this Agreement commercial general liability insurance covering the Owner and the Activity in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. Owner agrees to include the City as an additional insured on such policy and provide a copy of the Certificate of Insurance to the City as Exhibit H. Notwithstanding anything in the Agreement to the contrary, City does not waive any governmental immunity or liability limitations available to City under Indiana law, Notwithstanding any provisions of this Agreement to the contrary, in no event shall Owner be liable to City for any amount (whether as a result of insured event, pursuant to any indemnity provided by Owner hereunder, or otherwise) in excess of the maximum liability of City under applicable law