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resulting from or growing out of any negligence or willful misconduct of the Developer, <br />its agents or employees, or its contractors or subcontractors occurring in connection with <br />the construction of the Sidewalk. Provided, however, that the indemnification provided in <br />and contemplated by this section shall not be applicable to the extent that a decision or <br />judgment of a court of competent jurisdiction holds that any injury to persons or death or <br />property damage was solely attributable to acts of negligence or fault of the City, or their <br />officers, attorneys or employees. <br />B. In the event that a decision or judgment of a court of competent <br />jurisdiction holds that any injury to persons or death or property damage was the result of <br />joint acts of any or all of the parties, then each party shall be responsible for its <br />proportionate share of those damages to the extent provided by law. <br />C. The City does not waive the limits of sovereign immunity set forth in <br />section 768.28, Florida Statutes. <br />D. This Section shall survive the completion date of the Sidewalk and shall <br />remain in full force and effect until all obligations and requirements under this <br />Agreement have been completed. <br />13. Insurance. <br />A. During the construction period of the Sidewalk, the Developer or its <br />contractor, at its expense shall maintain the following insurance from an insurance <br />company acceptable to the City's Risk Manager: <br />1) Builder's Risk Policy for physical damage or loss as a result of <br />fire, flood, and other hazards or risks customarily insured against it Casselberry <br />upon commencement of construction with limits equal to the completed value of <br />the Sidewalk and no coinsurance penalty provision. <br />2) Comprehensive General Liability Coverage of not less than <br />$3,000,000 per occurrence for bodily injury, personal and property damage. If a <br />general aggregate limit applies, either the general aggregate limit shall apply <br />separately to this Sidewalk or the general aggregate limit shall be twice the <br />required occurrence limit. <br />3) Workers' Compensation Coverage as required by the laws of the <br />State of Florida, and Employer's Liability Insurance with a limit of no less than <br />$1,000,000 per accident. <br />4) Automobile Liability. Insurance Services Office Form No. CA <br />0001 covering Code 1 (any automobile) with limits no less than $3,000,000 per <br />accident for bodily injury and property damage. <br />B. Each policy shall include the City as certificate holder (to the extent such <br />provision is obtainable) or as loss payee. The City, its officers, officials, employees, and <br />volunteers are to be covered as additional insureds on the Comprehensive General <br />5 <br />4833-4750-5982.722484/0281 <br />