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229446v1 <br />Automobile Liability <br /> $2,000,000 Combined Single Limit – Bodily Injury & Property Damage <br /> Including Owned, Hired & Non-Owned Automobiles <br /> Workers Compensation <br />Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, <br />including Employer’s Liability with minimum limits are as follows: <br />•$500,000 – Bodily Injury by Disease per employee <br />•$500,000 – Bodily Injury by Disease aggregate <br />•$500,000 – Bodily Injury by Accident <br />The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. <br />All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained <br />with responsible insurance companies organized under the laws of one of the states of the United <br />States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees <br />and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with <br />the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted <br />with the certificate of insurance. <br />Developer’s and general contractor’s policies and Certificate of Insurance shall contain a <br />provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) <br />days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. <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 and <br />hold harmless the City, and its employees, officials, and agents from and against all claims, actions, <br />damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s <br />negligence or its performance or failure to perform its obligations under this Contract. Developer’s <br />indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone <br />directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be <br />Page 80 of 299