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a. All parts and labor must meet the requirements stated in the design specifications as <br />presented to and approved by the City Engineering Department. <br />b. Owner must provide copies of test reports or cut sheets on all materials supplied. <br /> <br />c. Owner must provide As-Built drawings in accordance with the City of South Bend <br />Prevailing Specifications for Public Works. <br />Owner's failure to comply with this Section 6 shall be a material breach of this Agreement. <br /> <br />7. 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 <br />may be brought by any person or entity arising out of this Agreement. If any action is brought <br />against the City or its respective agents, employees, successors, or assigns, in connection with <br />this Agreement, Owner agrees to defend such action or proceedings at its own expense, using <br />counsel acceptable to the City, and to pay promptly any judgment rendered therein. <br />8. Insurance <br /> <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 <br />less than Five Million Dollars ($5,000,000) per occurrence. Owner agrees to include the City <br />as an additional insured on any such policy and produce to the City a certificate of insurance <br />evidencing the same within ten (10) days of the execution hereof. To the extent that the City <br />is harmed as a result of the construction of the Dedicated Improvements, Owner hereby grants <br />the City first priority on any proceeds received from the Owner's insurance. Notwithstanding <br />anything in the Agreement to the contrary, the City does not waive any governmental immunity <br />or liability limitations available to it under Indiana law.