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10.08 Liability Insurance. <br />(a) Developer shall maintain in force during the construction of the <br />Improvements pursuant to this Agreement public liability and property damage <br />insurance, including personal injury, contractual, and owned and non -owned <br />automobiles, with such coverage and limits as may be reasonably requested by Agency <br />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 <br />City as an additional insured, and any policy or policies shall contain cross -liability <br />endorsements. An endorsement shall be provided which states the coverage is <br />primary insurance and that no other insurance held by Agency or City will be called <br />upon to contribute to a loss under this coverage. <br />(c) A certificate evidencing such insurance coverage or coverages shall <br />be filed with Agency and City prior to the commencement of the term of this <br />Agreement, and said certificate shall provide that such insurance coverage will not be <br />canceled or reduced without at least thirty (30) days' prior written notice to Agency <br />and City. <br />(d) If such coverage is canceled or reduced, Developer shall, within <br />fifteen (15) days after receipt of written notice from Agency or City of such <br />cancellation or reduction in coverage, but in no event later than the effective date of <br />cancellation or reduction, file with Agency and City a certificate showing that the <br />required insurance has been reinstated or provided through another insurance <br />company or companies. Upon failure to so file such certificate, Agency or City may, <br />without further notice and at its option, procure such insurance coverage at <br />Developer's expense, and Developer shall promptly reimburse Agency for such <br />expense upon receipt of billing from Agency or City. <br />10.09 Rights and Remedies Cumulative. <br />Except as otherwise expressly stated in this Agreement, the rights and remedies <br />are cumulative, and the exercise or failure to exercise one or more of such rights or <br />remedies by either Party shall not preclude the exercise by it, at the same time or <br />different times, of any right or remedy for the same default or any other default. <br />Disposition and Development Page 39 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />