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<br />employees, agents and designees and the indemnitees as required herein in commercially
<br />reasonable amounts, which insurance shall name the RDA and any additional party requested by
<br />the RDA as an additional insured and shall incorporate a provision requiring the giving of written
<br />notice to the RDA at least thirty (30) days prior to the cancellation, non-renewal or material
<br />modification of any such policies as evidenced by return receipt of United States Certified Mail:
<br />(a) Comprehensive General Liability Insurance in the amount of Five Million Dollars
<br />($5,000,000.00) including coverage for blanket contractual liability, broad form property damage,
<br />and personal injury; (b) Worker’s Compensation insurance in the amount of the statutory
<br />maximum with an employer’s liability coverage of at least Five Hundred Thousand Dollars
<br />($500,000.00); (c) Builder’s Risk Insurance in an amount at least equal to the projected completion
<br />value of the Project covering property damage, as to any building or construction activity; and (d)
<br />property insurance in an amount at least equal to the projected completion value of the Project. All
<br />deductibles of any policy of insurance to be purchased by Grantee hereunder shall be borne by
<br />Grantee. Grantee shall submit valid certificates in form and substance satisfactory to the RDA
<br />evidencing the effectiveness of the foregoing insurance policies along with copies of the
<br />amendatory riders to any such policies. Grantee hereby agrees to maintain the insurance described
<br />hereinabove for the period of this Agreement and that referenced in Section 12(a) and (d) for two
<br />(2) years following completion of the Project. Grantee hereby waives all rights of subrogation
<br />against the RDA and such policies of insurance required herein shall include a waiver of
<br />subrogation in favor of the RDA, which waiver shall be effective notwithstanding any duty to
<br />indemnify otherwise imposed by contract or applicable law.
<br />13.INDEMNITY. Grantee shall INDEMNIFY, DEFEND, AND HOLD HARMLESS
<br />the RDA and its officers, board members, members, employees, and agents, from any and all
<br />damages, losses, claims, demands, suits, liabilities, penalties, or forfeitures of every kind and
<br />nature (collectively “Claims”), including, but not limited to, reasonable attorneys’ and experts’
<br />fees and expenses, and other costs and expenses of defending against the same, and payment of
<br />any settlement or judgment therefore, by reason of bodily and other personal injuries to or deaths
<br />of persons; damages to tools or equipment owned or leased by Grantee; damages to other property;
<br />the release or threatened release of a hazardous substance or any pollution or contamination of or
<br />other adverse effects on the environment; violations of any applicable laws; or infringement of
<br />patent, copyright, trademark, trade secret, or other property right to the extent resulting or alleged
<br />to have resulted from acts or omissions of Grantee, its employees, agents, contractors,
<br />subcontractors, or other representatives or otherwise arising out of, relating to, or in connection
<br />with, directly or indirectly, the performance of this Agreement, the Project or otherwise, whether
<br />suffered directly by the RDA or indirectly by reason of third party claims, demands, or suits. This
<br />obligation to indemnify, defend, and hold harmless shall survive termination or expiration of this
<br />Agreement and shall apply whether or not it is alleged that the RDA in any way contributed to the
<br />Claims or is liable due to a non-delegable duty; however, Grantee shall not be responsible for any
<br />Claim(s) which are caused by the sole negligence or sole willful misconduct of the RDA where
<br />such is contrary to law. The indemnification obligation under this Agreement may not be limited
<br />in any way by any limitation on the amount or type of damages, compensation or benefits payable
<br />by or for the Grantee or any contractor(s), subcontractor(s) or materialmen under worker’s or
<br />workmen’s compensation acts, disability benefit acts or other employee benefits acts. Without
<br />limiting the generality of the foregoing, the indemnity herein shall include all Claims arising out
<br />of personal injury, death, or damage to personal property of the Grantee or its contractors or
<br />subcontractor’s employees or agents or licensees or invitees or to any other persons, whether based
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