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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 interest 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 employee;s 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 />kip0�IkF0111641z144 M <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 />