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Section l ] .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 />9.9 Landowner's Cure Rights. 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 the fee owner of the Property in accordance with <br />Section ] I.3. The fee owner of the Property shall have the same right as Developer to cure or <br />remedy any default hereunder within the cure period provided to Developer. <br />ARTICLE X <br />INDEMNITY AND INSURANCE. <br />] 0. ] 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 ] O.l 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 ofthe insurance <br />policies described in this Agreement. <br />I0.2 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 ($],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 />(b) Until issuance of the Certificate of Completion, Developer and all <br />contractors working on behalf of Developer shall maintain a comprehensive automobile liability <br />coverage in the amount of One Million Dollars ($1,000,000), combined single limit including <br />coverage for owned and non-owned vehicles and shall furnish or cause to be furnished to <br />Agency evidence satisfactory to Agency that Developer and any contractor with whom <br />Developer has contracted for the performance of work on the Property or otherwise pursuant to <br />~ -, <br />]178986-8 <br />~? <br />