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Y ' <br /> I1 <br /> "Grantor"includes the City's officers, employees, agents, and representatives and(2) <br /> "Claims"include,but is not limited,to , any and all losses, claims,demands, expenses) <br /> including,but not limited to, attorney's fees and litigation expenses), suits,judgments,or <br /> damage,irrespective of whether the damage alleged is bodily injury, damage to property, <br /> economic loss,general damages, special damages,or punitive damages.If, and to the <br /> extent, Grantee employs or engages subconsultants or subcontractors,then Grantee shall <br /> ensure that each such subconsultant and subcontractor(and subsequent tiers of <br /> subconsultants and subcontractors)shall expressly agree to defend and indemnify the <br /> Grantor to the extent and on the same terms and conditions as the Grantee pursuant to this <br /> paragraph. <br /> 9. Insurance: <br /> Prior to Grantee's construction activities or other substantial activities on the Grantor's <br /> property under the rights provided herein,Grantee shall submit to Grantor a certificate of <br /> insurance that Grantee or Grantee's contractors has obtained commercial general liability <br /> coverage naming the Grantor as an additional insured(including broad form contractual <br /> liability coverage)satisfactory to Grantor with limits no less than the following: <br /> Bodily injury Liability,including $1,000,000 <br /> automobile bodily injury liability each occurrence <br /> Property Damage Liability,including $1,000,000 <br /> automobile property damage liability each occurrence <br /> Additional insured status shall be accomplished by endorsement to said commercial <br /> liability policy(ies). <br /> Said coverage shall be maintained by Grantee or Grantee's contractors during the period <br /> when such activities take place. <br /> 10. Conflict With Future Installations of Grantor: <br /> In the event that it should become necessary for the Grantor to construct or install <br /> additional facilities or otherwise use Grantor's property and if,in the reasonable <br /> judgment of the Grantor,the location;existence and use of the improvements interferes <br /> with such construction,installation or use to the extent that it is impracticable or <br /> substantially more expensive to accomplish such construction,installation or use,or that <br /> such construction,installation or use may pose a hazard because of the location,existence <br /> or use of the improvements, Grantee shall have the obligation to either,in Grantee's sole <br /> discretion, (a)protect,modify or relocate the improvements at the cost and expense of <br /> Grantee, so as to remove the interference or hazard to Grantor's satisfaction,or(b)to <br /> reimburse Grantor for its added costs of design, construction and installation to avoid <br /> such interference or hazard. In the event Grantor intends to undertake any such <br /> construction and installation,Grantor shall give Grantee reasonable advance written <br /> notice of such intention together with preliminary plans and specifications for such work, <br /> identifying the potential interference or hazard and all design information relating thereto. <br /> 4 <br /> 89 <br />