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.1.<..SA...:�i....�,�a.a.A.. a..a�..0 Iw.r...r..w�.i..�......\I.�\�.���n.....r...'s0.: i.r,...�.or �w�....��.�..,..1 <br />•l�t...�..5 S..• R.S J./.S.[ISOS./5�../tom./.S.IAROS./5�..�...9\S��.I � � �.LT�.I �\1..SS9.SS.TIeS.S 1 <br />mlesiS.r. -...M. <br />It is understood amongst the parties <br />that this development has been deemed a residential infill development and therefore, is not subject to <br />System Development Charges as defined under South Bend Municipal Ordinance Section 17-80. <br />11. Indemnification <br />Owner agrees and undertakes to indemnify and hold the City, and its respective agents, <br />employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, <br />including attorneys' fees, which the City may suffer or incur as a result of any claims or actions <br />which may be brought by any person or entity arising out of this Agreement. If any action is <br />brought against the City or its respective agents, employees, successors, or assigns, in connection <br />with this Agreement, Owner agrees to defend such action or proceedings at its own expense and <br />to pay any judgment rendered therein. <br />42.Insurance <br />Owner, or Owner's contractor, at Owner's sole expense, shall maintain during the term of <br />this Agreement, commercial general liability insurance covering the Owner and the Dedicated <br />Improvements in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. <br />