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(H)Liability for Premium. Developer shall pay (or shall contract with contractors <br />to pay) all insurance premiums for coverage required by this Section, and the Authority <br />or Zone shall not be obligated to pay any premiums. <br />(I)Subcontractors. Notwithstanding the other provisions of this Section, the <br />amount of coverage contracted to be provided by subcontractors shall be commensurate <br />with the amount of the subcontract, but in no case less than $500,000 per occurrence. <br />Developer shall provide (or shall contract with contractors to provide) copies of insurance <br />certificates to the Authority. <br />(J)Proof of Insurance. Promptly after the execution of this Agreement and from <br />time to time during the term of this Agreement at the request of the Authority, Developer <br />shall furnish the Authority with certificates of insurance maintained by Developer in <br />accordance with this Section. If requested in writing by the Authority, Developer shall <br />furnish the City with certified copies of Developer’s actual insurance policies. If <br />Developer does not comply with the requirements of this Section, the Authority, at its <br />sole discretion, may (1) suspend performance by the Authority hereunder and begin <br />procedures to terminate this Agreement for default or (2) purchase the required insurance <br />with Authority or Zone funds and deduct the cost of the premiums from amounts due to <br />Developer under this Agreement. The Authorityshall never waive or be estopped to <br />assert its right to terminate this Agreement because of its acts or omissions regarding its <br />review of insurance documents. <br />Indemnification and Release <br />7.2. <br />DEVELOPER SHALL DEFEND, INDEMNIFY, AND HOLD THE AUTHORITY, <br />THE CITY AND THE ZONE, THEIR AGENTS, EMPLOYEES, OFFICERS, AND LEGAL <br />REPRESENTATIVES (COLLECTIVELY, THE “INDEMNIFIED PERSONS”) HARMLESS <br />FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES <br />(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT <br />COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, <br />DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH <br />OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, <br />WITHOUT LIMITATION, THOSE CAUSED BY: <br />(A)DEVELOPER’S AND/OR ITS AGENTS’, EMPLOYEES’, OFFICERS’, <br />DIRECTORS’, CONTRACTORS’, OR SUBCONTRACTORS’ (COLLECTIVELY, <br />“DEVELOPER’S”) ACTUAL OR ALLEGED SOLE AND/OR CONCURRENT <br />NEGLIGENCE OR INTENTIONAL ACTS; ; <br />(B)THE INDEMNIFIED PERSONS’ AND DEVELOPER’S ACTUAL OR <br />ALLEGEDCONCURRENT NEGLIGENCE AND/OR GROSS NEGLIGENCE, <br />WHETHER DEVELOPER IS IMMUNE FROM LIABILITY OR NOT; AND <br />(C)THE INDEMNIFIED PERSONS’ AND DEVELOPER’S ACTUAL OR <br />ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, <br />WHETHER DEVELOPER IS IMMUNE FROM LIABILITY OR NOT. <br />14 <br />HOU:3372249.1 <br /> <br />