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(c) The obligations to defend, indemnify and hold harmless the Agency, specified in <br /> Sections 3.07(a) and (b) above, shall not apply to any claim against the Agency arising from damage <br /> caused by the Agency's act or omission or the tortious conduct of the Agency. <br /> (d) Developer, the Agency, and Developer's construction contractor shall have an <br /> affirmative duty to cooperate with one another in the conduct of any suit arising from this Agreement or <br /> from development of the Property pursuant to this Agreement provided, however, that such duty to <br /> cooperate shall be limited by any conflict of interest which arises during the course of any such suit <br /> (e) The foregoing provisions for Developer's indemnification of the Agency shall in no way <br /> limit Developer's rights at law or in equity to be indemnified by the Agency with respect to any claim arising <br /> out of or in connection with a purported act or omission by the Agency. <br /> 3.08 Liability Insurance. <br /> (a) Developer shall maintain in force during the construction of the Improvements <br /> pursuant to this Agreement public liability and property damage insurance, including personal injury, <br /> contractual, and owned and non -owned automobiles, with such coverage and limits as may be reasonably <br /> requested by Agency from time to time, but in no event for less than the sum of one million dollars <br /> ($1,000,000) combined single limit <br /> (b) Public liability insurance policy or policies shall name Agency and City as an <br /> additional insured, and any policy or policies shall contain cross - liability endorsements. An endorsement <br /> shall be provided which states the coverage is primary insurance and that no other insurance affected by <br /> Agency or City will be called upon to contribute to a loss under this coverage. <br /> (c) A certificate evidencing such insurance coverage or coverages shall be filed with <br /> Agency and City prior to the commencement of the term of this Agreement and said certificate shall <br /> provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days' prior <br /> written notice to Agency and City. <br /> (d) If such coverage is canceled or reduced, Developer shall, within fifteen (15) days <br /> after receipt of written notice from Agency or City of such cancellation or reduction in coverage, but in no <br /> event later than the effective date of cancellation or reduction, file with Agency and City a certificate <br /> showing that the required insurance has been reinstated or provided through another insurance company <br /> or companies. Upon failure to so file such certificate, Agency or City may, without further notice and at its <br /> option, procure such insurance coverage at Developer's expense, and Developer shall promptly reimburse <br /> Agency for such expense upon receipt of billing from Agency or City. <br /> 3.09 Rights and Remedies Cumulative. <br /> Except as otherwise expressly stated in this Agreement the rights and remedies are cumulative, <br /> and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not <br /> Disposition and Development Page 20 of 23 <br /> Agreement <br /> 94 <br />