Dedicated Improvements Agreement - Menards Inc - Intersection Improvements at Callander and St Joseph Street

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additional insured on any such policy and produce to the City a certificate of insurance evidencing the same. To the extent that the City is harmed as a result of the construction of said dedicated improvements, Owner hereby grants the City first priority on any proceeds received from the Owner's insurance. Notwithstanding anything in the Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to them under Indiana law. Owner may terminate the Insurance upon the successful dedication of said improvements to the City. 9. Assignment This Agreement may not be assigned by Owner without the express written consent of the City which such consent may be withheld for any reason. Any violation of this provision shall terminate the City's obligation and forfeit the Owner's rights under this Agreement. The above notwithstanding, this section shall not be read or construed so as to prevent Owner from being able to utilize a 3rd party contractor or material provided to construct the Dedicated Improvements on behalf of Owner; nor shall this be ready to prevent Owner's contractor from being able to utilize any sub-contractor(s) or sub-sub-contractor(s) for the same; nor shall Owner be required to obtain written permission from the City as to which contractor(s) Owner desires to utilize. 10. Governing Law This Agreement shall be construed and interpreted according to the laws of the State of Indiana, County of St. Joseph. 11. Severability Wherever possible, each provision of this Agreement,shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be