An agreement with the Pokagon Band of Potawatomi Indians

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(h). During construction of the public portions of the water and sewer Extension located on the Site and until dedication to the City in accordance with the terms of this Agreement, carry and maintain comprehensive general liability and casualty insurance with regard to bodily injury, sickness, disease or death, and damage to or, destruction of tangible property, including the loss of use resulting therefrom, for which the Band Parties may be liable, including, but not limited to damages, costs, claims, and expenses arising from or directly related to the public portions of the water and sewer Extension located on the Site. Such insurance shall, at a minimum, be in amounts equal to cover the repair and full replacement of the public portion of either the Initial Phase or the Full Build -Out Phase of the water and sewer Extension located on the Site, depending on which phase is being constructed. 6. City_ Obligations. The City shall fulfill the following obligations regarding water system services and sewer system services and improvements: (a). Review and approve in a timely and expeditious manner pursuant to applicable law and regulation and in accordance with the City's standards and specifications all design plans submitted by a Band Party to the City regarding upgrades and extensions of the water system and sewer system, and any approvals and permits required from the City shall not be unreasonably withheld. (b). Conduct 'inspections and testing during construction of the Initial Phase and Full Build -Out Phase improvements. The inspections and testing will be done as necessary in order to ensure compliance with the design, plans and the City's standards and specifications. The Band Parties and the City shall endeavor in good faith to reach agreement regarding the selection of a qualified firm to conduct the inspections and testing, which will be done at the Band Parties' expense. (c). Within six (6) months prior to dedication of the Initial Phase and Full Build - Out Phase improvements from the Band Parties to the City, a final inspection will be conducted by the City at the City's expense. The City shall provide a copy of the results of such inspection along with a list of defects, if any, the Band Parties must rectify prior to dedicating the improvements to the City. Any defects reported shall be repaired by the Band Parties at their sole expense prior to dedication. (d). Provide water services and sewer services to the Site and all current and future Site Customers in the full capacities of the systems.