|
of that person's immediate family is employed in an administrative
<br />capacity by DEVELOPER. For the purposes of this section, the term
<br />"immediate family" means spouse, child, mother, father, brother,
<br />sister, brother-in-law, sister-in-law, father-in-law, mother-in-
<br />law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, step-
<br />parent and stepchild. The term "administrative capacity" means
<br />having selection, hiring, supervisor or management responsibili-
<br />ties.
<br />V � ASSIGNABILITY
<br />DEVELOPER shall not assign nor transfer any intei;est in
<br />this agreement, whether by assignment or novation, without the
<br />prior written consent of CITY; provided, however, that claims for
<br />money due or to become due DEVELOPER from CITY under this agreement
<br />may be assigned to a bank, trust company or other financial
<br />institution, or to a trustee in bankruptcy, without such approval
<br />Notice of any such assignment or transfer shall be promptly
<br />furnished to CITY.
<br />VI HOLD HARMLESS
<br />DEVELOPER shall indemnify and save harmless CITY, its
<br />officers and employees, from and against any and all damages to
<br />property or injuries to or death of any person or persons,
<br />including property and employees or agents of CITY, and shall
<br />defend, indemnify and save harmless CITY, its officers and
<br />employees, from and against any and all claims, demands, suits,
<br />actions or proceedings of any kind or nature, including, but not by
<br />way of limitations, workers compensation claims, resulting from or
<br />arising out of the negligent or wrongful acts, errors or omissions
<br />of DEVELOPER, its employees or subcontractors.
<br />VII INSURANCE
<br />A. DEVELOPER shall furnish CITY's Clerk of the Council
<br />with an insurance certificate from its workers compensation
<br />insurance carrier certifying that it carries such insurance and
<br />that the policy shall not be canceled nor the coverage reduced
<br />except upon thirty (30) days prior notice to CITY.
<br />B. DEVELOPER shall obtain, at its sole cost and file
<br />with the Clerk of the Council of CITY, prior to exercising any
<br />right or performing any obligation pursuant to this agreement, and
<br />maintain for the period covered by this agreement, a policy or
<br />policies of general liability insurance, or certificate of such
<br />insurance, satisfactory to the City Attorney of CITY naming CITY,
<br />its officers, agents and employees as insured or additional
<br />insured, which policy or policies provide coverage not less than
<br />that provided in the form of a comprehensive general liability
<br />insurance policy insuring against liability for any and all claims
<br />and suits for damages or injuries to persons or property resulting
<br />Page 5 of 11 Pages
<br />
|