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<br />229446v1 <br />4476897.v2 <br /> An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or <br />general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by <br />this Contract. <br />J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify <br />and hold harmless the City, and its employees, officials, and agents from and against all claims, <br />actions, damages, losses and expenses, including reasonable attorney fees, arising out of <br />Developer’s negligence or its performance or failure to perform its obligations under this <br />Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, <br />subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for <br />whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive <br />the completion or termination of this Contract. <br />K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every <br />other right, power or remedy, express or implied, now or hereafter arising, available to City, at law <br />or in equity, or under any other agreement, and each and every right, power and remedy herein <br />set forth or otherwise so existing may be exercised from time to time as often and in such order as <br />may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time <br />thereafter any other right, power or remedy. <br />L. The Developer may not assign this Contract without the written permission of the City Council. The <br />Developer's obligation hereunder shall continue in full force and effect even if the Developer sells <br />one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of <br />Completion and Release. <br />M. Retaining walls that require a building permit shall be constructed in accordance with plans and <br />specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. <br />Following construction, a certification signed by the design engineer shall be filed with the Building <br />Official evidencing that the retaining wall was constructed in accordance with the approved plans <br />and specifications. All retaining walls identified on the development plans and by special conditions <br />Page 234 of 309