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1 <br /> 1 <br /> h <br /> 4.10 Non-Interference. Developer hereby agrees to use commercially reasonable <br /> i efforts to minimize disruption for those living and working in or near the LaSalle Property during <br /> 4 construction of the Project. <br /> 4.11 Grant of Easement. Developer agrees to take all actions necessary to grant the <br /> Easement to the Commission,as provided for in Section 3.5 of this Agreement. <br /> 4.12 Insurance; Indemnity. Developer shall purchase and maintain, or cause to be <br /> purchased and maintained, Comprehensive General Liability Insurance as is appropriate for the <br /> work being performed with respect to the Project. Developer shall provide proof of such adequate <br /> insurance to the Commission and shall notify the City and the Commission of any change in or <br /> termination of such insurance.During the period of construction or provision of services regarding <br /> any Local Public Improvements,the City shall be named as an additional insured for the minimum <br /> amounts or greater when required by law as described in Exhibit E attached hereto and <br /> incorporated herein (but not on any worker's compensation policies). The Developer agrees to <br /> I indemnify, defend and hold harmless the Commission from and against any third party claims <br /> suffered by the Commission resulting from or incurred in connection with the Local Public <br /> Improvements. <br /> 4.13 Public Announcements, Press Releases and Marketing Materials. Developer <br /> hereby agrees to (a) coordinate a Project "kick off' press release with the City, (b) coordinate a <br /> Project groundbreaking ceremony with the City, and (c) use commercially reasonable efforts to <br /> coordinate other significant public announcements with the City, subject, in each case, to any <br /> 1 securities laws that would prevent Developer from engaging in such coordination. Developer <br /> agrees to allow the City and the Commission to distribute and use Developer's marketing materials <br /> to promote the Project. <br /> 4.14 Information. Developer agrees to provide any and all due diligence items with <br /> respect to the Project reasonably requested by the City and/or the Commission. <br /> ) SECTION 5. COMMISSION'S OBLIGATIONS. <br /> 5.1 Generally. The Parties acknowledge and agree that Developer's agreement to <br /> perform and abide by the covenants and obligations set forth in this Agreement is material <br /> consideration for the Commission's commitment to perform and abide by the covenants and <br /> obligations of the Commission contained in the Agreement. <br /> 1 <br /> dms.us.52637413.08 b' <br /> 1 <br /> i <br />