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($4,000,000.00) in the aggregate for property damage and personal injury and <br />death, which coverage may be provided in the form of a rider and/or endorsement <br />to a previously existing insurance policy. Such insurance coverage shall <br />specifically name the CITY as co-insured or as an additional insured. This <br />insurance coverage shall cover all perils arising out or connected in any way to <br />the activities of the PROPERTY OWNER, its officers, employees, agents or <br />contractors, relative to this Agreement. The PROPERTY OWNER shall be <br />responsible for any deductibles stated in the policy. A true copy of each <br />instrument affecting such additional coverage shall be delivered to the CITY <br />within twenty-one (21) days of the effective date of this Agreement. <br />b. The PROPERTY OWNER shall not cause any insurance to be canceled <br />nor permit any insurance to lapse. All insurance certificates shall include a clause <br />to the effect that the policy shall not be canceled, reduced, restricted or otherwise <br />limited until thirty (30) days after the CITY has received written notice as <br />evidenced by a return receipt of registered or certified mail. <br />5. Indemnification <br />To the extent permitted by Texas law, the PROPERTY OWNER agrees to <br />and shall indemnify, defend and hold harmless the CITY and its officers, <br />agents and employees against all claims, suits, demands, judgments, <br />expenses, including attorney's fees, or other liability for personal injury, <br />death, or damage to any person or property, which arises from or is in any <br />manner connected to or caused in whole or in part by the PROPERTY <br />OWNER'S construction, maintenance or use of the Licensed Property. This <br />indemnification provision, however, shall not apply to any clams, suits, <br />damages, costs, losses or expenses (i) for which the CITY shall have been <br />compensated by Insurance provided under Paragraph 4., above, or (ii) <br />arising from and to the extent of the grossly negligent or willful acts of the <br />CITY; provided that, for the purposes of the foregoing, the CITY'S act of <br />entering into this Agreement shall not be deemed to be a "grossly negligent <br />or willful act". <br />6. Conditions <br />a. City Review. Installation of the Improvements is subject to the CITY's <br />prior review and approval of plans and specific locations for the Improvements <br />and the issuance of permits for such Improvements through the CITY's permitting <br />processes under applicable ordinances. <br />b. Compliance with Regulations. The PROPERTY OWNER agrees that all <br />construction, maintenance and repair permitted by this Agreement shall be done <br />in compliance with all applicable City, County, State and/or Federal policies, <br />traffic, building, health and safety ordinances, laws and regulations, including, <br />without limitation, the CITY's Land Development Code. <br />3 <br />