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<br />8120/2003 <br />(J) Proof of Insurance. Promptly after the execution of this Agreement and <br />from time to time during the term of this Agreement at the request of the La Porte Authority, <br />Developer shall furnish the La Porte Authority with certificates of insurance maintained by <br />Developer in accordance with this Section. If requested in writing by the La Porte Authority, <br />Developer shall 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 La Porte Authority, at its <br />sole discretion, may (1) suspend performance by the La Porte Authority hereunder and begin <br />procedures to terminate this Agreement for default or (2) purchase the required insurance with <br />La Porte Authority or La Porte Zone funds and deduct the cost of the premiums from amounts <br />due to Developer under this Agreement. The La Porte Authority shall never waive or be <br />estopped to assert its right to terminate this Agreement because of its acts or omissions regarding <br />its review of insurance documents. <br /> <br />7.2 Indemnification and Release. <br /> <br />DEVELOPER SHALL DEFEND, INDEMNIFY, AND HOLD THE LA <br />PORTE AUTHORITY, THE CITY AND THE LA PORTE ZONE, THEIR <br />AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES <br />(COLLECTIVELY, THE "INDEMNIFIED PERSONS") HARMLESS FOR <br />ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND <br />EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE <br />ATTORNEYS' FEES, COURT COSTS, AND ALL OTHER DEFENSE <br />COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO <br />PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR <br />INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, <br />INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY: <br /> <br />A. DEVELOPER'S AND/OR ITS AGENTS', EMPLOYEES', <br />OFFICERS', DIRECTORS', CONTRACTORS', OR <br />SUBCONTRACTORS' (COLLECTIVELY, "DEVELOPER'S") <br />ACTUAL OR ALLEGED SOLE AND/OR CONCURRENT <br />NEGLIGENCE OR INTENTIONAL ACTS; ; <br /> <br />B. THE INDEMNIFIED PERSONS' AND DEVELOPER'S <br />ACTUAL OR ALLEGED CONCURRENT NEGLIGENCE AND/OR <br />GROSS NEGLIGENCE, WHETHER DEVELOPER IS IMMUNE <br />FROM LIABILITY OR NOT; AND <br /> <br />,- <br /> <br />C. THE INDEMNIFIED PERSONS' AND DEVELOPER'S <br />ACTUAL OR ALLEGED STRICT PRODUCTS LIABILITY OR <br /> <br />15 <br />