Parking Mitigation Agreement - South Bend - Riverwalk Partners LLC

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or actions which may be brought by any person or entity arising out of the Remote Parking Construction Work but only to the extent caused by the negligent acts or omissions of Riverwalk or anyone acting on behalf of Riverwalk. If any action is brought against any of the HP Blackbird Indemnified Parties as a result of the foregoing, Riverwalk agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. Riverwalk shall not permit any mechanics lien to be filed against the Crowe Site or any part thereof in connection with construction work performed by or on behalf of Riverwalk. If Riverwalk is unwilling or unable to remove any such lien within thirty (30) days of its imposition, HP Blackbird may take any and all measures to remove such lien at Riverwalk's expense. Riverwalk shall have no liability to the HP Blackbird Indemnified Parties for incidental, consequential, exemplary, or punitive damages and hereby waives its right to pursue Riverwalk for the same. Insurance. (a) HP Blackbird's Insurance Obligations. HP Blackbird, at HP Blackbird's expense, shall maintain during the Term of this Agreement commercial general liability insurance covering HP Blackbird in an amount not less than Two Million and 00/100 Dollars ($2,000,000.00) per occurrence, inclusive of the limit an umbrella or excess policy. HP Blackbird agrees to include the City as an additional insured on such policy and produce to the City evidence of the same, including without limitation a properly endorsed policy and a certificate of insurance. To the extent that the City is harmed as a result of HP Blackbird's use of the Century Center Lot, HP Blackbird hereby grants the City first priority on any proceeds received from HP Blackbird'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. (b) Riverwalk's Insurance Obligations. Riverwalk, at Riverwalk's expense, shall maintain during the Term of this Agreement commercial general liability insurance covering Riverwalk in an amount not less than Two Million and 00/100 Dollars ($2,000,000.00) per occurrence, inclusive of the limit an umbrella or excess policy. Riverwalk agrees to include HP Blackbird as an additional insured on such policy and produce to HP Blackbird evidence of the same, including without limitation a properly endorsed policy and a certificate of insurance. 10. Notices. Any notices required or permitted under this Agreement shall be given in writing and delivered via either (i) personal delivery, which shall be deemed received on the same date that it is delivered, (ii) certified mail with return receipt requested, which shall be deemed delivered three (3) business days after deposit in the United States Mail, (iii) overnight courier, which shall be deemed delivered one (1) business day after deposit with signed receipt to any national overnight courier for next day delivery, or (iv) email, which shall be deemed to have received on that date the email is sent, provided that no bounce -back or error message is received. Notices shall be sent to the following addresses: To City: City of South Bend 227 W. Jefferson Blvd., Suite 1300N 51