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limits hereunder on the fifth(5th) and each succeeding five(5) year anniversary of the Term of <br /> this Agreement, and upon the granting of an extension of the Term of this Agreement, with the <br /> objective that such insurance limits shall be adjusted at such times to conform to then prevailing <br /> County standards. Each policy of insurance hereunder shall name the County as an additional <br /> insured, and shall provide for blanket contractual liability coverage. <br /> 6.4.2. Workers' Compensation Insurance. Developer shall also provide, or cause <br /> to be provided, during periods when development and/or construction is actually occurring on <br /> the Property, Workers" Compensation insurance as required by law, together with a contingent <br /> employer's liability endorsement in favor of County, covering employees of Developer and <br /> employees of any contractor, subcontractor, agent or representative of Developer. <br /> 6.4.3. General Requirements for Insurance. Each policy of insurance carried by <br /> Developer hereunder shall provide that it may not be cancelled without at least thirty(30)days" <br /> prior written notice to County. Developer shall furnish to County a copy of each policy of <br /> insurance carried hereunder, or a certificate thereof, stating that such insurance is in full force <br /> and effect and, in the case of the public liability insurance, showing County named as an <br /> additional insured. Any insurance required to be maintained by Developer hereunder may be <br /> maintained under a so-called ""blanket policy,""insuring other parties and other locations, so <br /> long as the amount of insurance required to be provided hereunder is not thereby diminished. <br /> 6.4.4. Mutual Release. Each Party, for itself and to the extent it is legally <br /> permissible for it to do so, and without affecting the coverage provided by insurance required to <br /> be maintained by Developer hereunder, on behalf of its insurer hereby releases and waives any <br /> right to recover against the other Party from any liability for(i)damages for injury to or death of <br /> Persons, (ii) any loss or damage to property, (iii) any loss or damage to buildings or other <br /> improvements, or(iv) claims arising by reason of any of the foregoing, to the extent that such <br /> damages and/or claims under(i)through (iv)are covered(and only to the extent of such <br /> coverage) by insurance actually carried by each Party, irrespective of any negligence on the part <br /> of such Party which may have contributed to such loss or damage. The provisions of this <br /> subsection 6.4.4 are intended to restrict each Party (as permitted by law)to recovery for loss or <br /> damage against insurance carvers to the extent of such coverage, and waive fully, and for the <br /> benefit of the other Party, any rights and/or claims which might give rise to a right of subrogation <br /> in any such insurance carrier. <br /> 6.5. No Supercedure. The provisions of Sections 6.1. through 6.4 shall not <br /> supersede and shall be in addition to any requirements contained in any of the Existing <br /> Approvals or otherwise imposed pursuant to the Existing Approvals, Reserved <br /> Discretionary Approvals, Ordinances or this Agreement; provided that such insurance <br /> need not be duplicate of other insurance meeting the requirements of Sections 6.1. through <br /> 6.4. <br /> 6.6 Cooperation in Defense of Third Party Litigation. In the event that any legal action is <br /> instituted by a third party or other governmental entity or official challenging the validity, <br /> enforceability, or application of this Agreement or related development plans or approvals, or <br /> any other action by either Party in implementation or performance of this Agreement, the parties <br /> W02-SF:FPD161481145.2 -50- <br />