Sewer and Water Main Extension Agreement - Extend City Utilities to Fredrickson Commons

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l tR,- /soulzbetidj �y gg!citleads/20/07/Sl.3N...cc Statid �gNAI 062 �„.:..:::: III �V 2 al��g�➢:2tu,.1";....;::.......................... ..: Owner's failure to comply with this Section 7 shall be a material breach of this Agreement. 8. 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 this Agreement. If any action is brought against the City or its respective agents, employees, successors, or assigns, in connection with this Agreement, Owner agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 9. Insurance Owner, at Owner's sole expense, shall maintain during the term of this Agreement commercial general liability insurance covering the Company 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 any such policy and produce to the City a certificate of insurance evidencing the same. To the extent that the City is harmed as a result of the Owner's connection to the City's water and sanitary sewer systems, Owner hereby grants the City first priority on any proceeds received from the Owner's insurance. Notwithstanding anything in this Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 10. Assignment