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default by the other Party. Notwithstanding anything to the contrary set forth herein, a Party's <br />right to recover damages in the event of a default shall be limited to actual damages and shall <br />exclude consequential damages. <br />9.7 Inaction Not a Waiver of Default. No failure or delay by either Party in asserting <br />any of its rights and remedies as to any default shall operate as a waiver of such default or of any <br />such rights or remedies, nor deprive either Party of its rights to institute and maintain any action <br />or proceeding which it may deem necessary to protect, assert or enforce any such rights or <br />remedies in the same or any subsequent default. <br />9.8 Rights of Limited Partners. Provided that Agency has been given the address for <br />such notices, whenever Agency delivers any notice of default hereunder, Agency shall <br />concurrently deliver a copy of such notice to Developer's limited partner(s) in accordance with <br />Section 11.3. The limited partner(s) shall have the same right as Developer to cure or remedy <br />any default hereunder within the cure period provided to Developer, extended by an additional <br />sixty (60) days. <br />ARTICLE X <br />INDEMNITY AND INSURANCE. <br />10.1 Indemnity. Developer shall indemnify, defend (with counsel approved by <br />Agency) and hold Indemnitees harmless from and against any and all Claims, including without <br />limitation, Claims arising directly or indirectly, in whole or in part, as a result of or in connection <br />with Developer's or Developer's contractors, subcontractors, agents or employees development, <br />construction, improvement, operation, ownership or maintenance of the Project or the Property, <br />or any part thereof or otherwise arising out of or in connection with Developer's performance <br />under this Agreement. Developer's indemnification obligations under this Section 10.1 shall not <br />extend to Claims resulting solely from the gross negligence or willful misconduct of one or more <br />Indemnitees. The provisions of this Section 10.1 shall survive the issuance of a Certificate of <br />Completion for the Project and the expiration or earlier termination of this Agreement. It is <br />further agreed that Agency and City do not and shall not waive any rights against Developer that <br />they may have by reason of this indemnity and hold harmless agreement because of the <br />acceptance by Agency, or the deposit with Agency by Developer, of any of the insurance <br />policies described in this Agreement. <br />10.2 Liability and Workers Compensation Insurance. <br />(a) Prior to initiating work on the Project and continuing through the issuance <br />of the Certificate of Completion, Developer and all contractors working on behalf of Developer <br />on the Project shall maintain a commercial general liability policy in the amount of One Million <br />Dollars ($1,000,000) each occurrence, Two Million Dollars ($2,000,000) annual aggregate, <br />together with Three Million Dollars ($3,000,000) excess liability coverage, or such other policy <br />limits as Agency may require in its reasonable discretion, including coverage for bodily injury, <br />property damage, products, completed operations and contractual liability coverage. Such policy <br />or policies shall be written on an occurrence basis and shall name the Indemnitees as additional <br />insureds. <br />> »s9g6-s 32 <br />