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I 4.11 Non-Interference. Company hereby agrees to use commercially reasonable efforts to minimize disruption for those living and working near the Company Property during construction of the Project. 4.12 Grant of Easement. Company agrees to take all actions necessary to grant the Easement to the Commission, as provided for in Section 3.1 of this Agreement. 1 4.13 Insurance; Indemnity. Company shall purchase and maintain, or cause to be purchased and maintained, Comprehensive General Liability Insurance as is appropriate for the work being performed with respect to the Project. Company shall provide proof of such , adequate insurance to the Commission and shall notify the City and the Commission of any i. change in or termination of such insurance. During the period of construction or provision of services regarding any Local Public Improvements, the City shall be named as an additional ;' insured for the minimum amounts or greater when required by law as described in Exhibit D attached hereto and incorporated herein (but not on any worker's compensation policies). The I Company agrees to indemnify, defend and hold harmless the Commission from and against any third party claims suffered by the Commission resulting from or incurred in connection with the Local Public Improvements. 4.14 Information. Company agrees to provide any and all due diligence items with respect to the Project reasonably requested by the Commission. I SECTION 5. COMMISSION'S OBLIGATIONS. i 5.1 Generally. The Parties acknowledge and agree that Company's agreement to perform and abide by the covenants and obligations set forth in this Agreement is material consideration for the Commission's commitment to perform and abide by the covenants and I obligations of the Commission contained in the Agreement. 5.2 Completion of Local Public Improvements. I (a) The Commission hereby agrees to complete (or cause to be completed)the Local Public Improvements on a schedule to be reasonably determined and agreed to by the Commission and Company, as may be modified due to unforeseen circumstances and delays. J (b) Notwithstanding anything contained herein to the contrary, in the event the costs to construct the Local Public Improvements are in excess of the Funding I Amount, Company, at its sole option, may determine to pay to the Commission the amount of the excess costs to permit timely completion of the Local Public Improvements by the Commission, or an agent of the Commission, which amounts shall 3 be applied for such purpose. If Company chooses not to pay any such excess costs of the Local Public Improvements (above the Funding Amount), the Commission may reduce the scope of the Local Public Improvements to the amount which may be funded with the ! Funding Amount. #9 I I 1 9 1