Encroachment & Revocable Permit - Eddy St. Commons Phase II - Kite Realty Group

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commercially reasonable efforts to secure any required easements from University, with good faith cooperation from the City, so long as Owner is not required to undertake any additional and unreasonable liability or obligation and does not incur any unreasonable cost. 8. Indemnification Owner agrees and undertakes to indemnify and hold City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including reasonable attorneys' fees, which City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising solely out of Owner's construction or maintenance of the Dedicated hnprovements 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 solely in connection with Owner's construction of the Dedicated Improvements in accordance with this Agreement, Owner agrees to defend such action or proceedings at its own expense. This Section 8 survives the termination or expiration of this Agreement. 9.Insurance Owner, at Owner's sole expense, shall maintain during the term of this agreement, commercial general liability insurance in the amount not less than Five Million Dollars ($5,000,000) per occurrence. Owner agrees to include City as an additional insured on any such policy and produce to City a certificate of insurance evidencing the same -upon receipt of City's written request. Notwithstanding anything in the Agreement to the contrary, City does not waive any governmental immunity or liability limitations available to City under Indiana law, and 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 inde inity provided by Owner hereunder, or otherwise) in excess of the maximum liability of City under applicable law (including, without limitation, the Indiana Tort Claims Act). Owner may terminate the insurance required hereunder upon the successful dedication of the Dedicated Improvements to City.