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assume the investigation and defense thereof, including the employment and payment for <br />counsel selected by the Indemnified Party, and shall assume the payment of all reasonable <br />expenses related thereto, with fall power to litigate, compromise or settle the same; <br />provided that the Indemnified Party shall have the right to review and approve or <br />disapprove in its reasonable discretion any such compromise or settlement; and, <br />(vi) Notwithstanding anything in this Section 18.2 to the <br />contrary, if judgment is entered against Developer and City by a court of competent <br />jurisdiction because of the concurrent active negligence of City or Indemnified Parties, <br />Developer and City agree that liability will be apportioned as detennined by the court. <br />Neither Party shall request a jury apportionment. <br />18.3. Reimbursement of City. Developer shall reimburse City immediately <br />upon written demand for all costs reasonably incurred by City (including the reasonable <br />fees and expenses of attorneys, accountants, appraisers and other consultants, whether the <br />same are independent contractors or employees of City) in connection with the <br />enforcement of the Loan Documents and all related matters including all claims, demands, <br />causes of action, liabilities, losses, commissions and other costs against which City is <br />indemnified under the Loan Documents. Such reimbursement obligations shall bear <br />interest from the date occurring twenty (20) days after City gives written demand to <br />Developer at the rate of Interest defined in the Note and shall be secured by the City Deed <br />of Trust. Such reimbursement obligations shall survive the cancellation of the City/Rental <br />Rehabilitation Program Loan Note, release and reconveyance of the City/Rental <br />Rehabilitation Program Loan Deed of Trust, issuance of a Certificate of Completion, and <br />termination of this Agreement <br />Subsequent to the malting and disbursement of this Loan, the Developer shall pay for any <br />subsequent revisions, transfers, extensions, renewals, modifications, refinancing or <br />"workouts," and providing estoppels or subordinations of the City/Rental Rehabilitation <br />Program Loan (collectively, "Changes"), and in the exercise of any of City's rights or <br />remedies under this Agreement. The City will receive from Developer in connection with <br />any request by Developer for a Change, a nonrefundable fee in the amount of Five Hundred <br />Dollars ($500) and Developer shall reimburse City for all of the City's reasonable out-of- <br />pocket expenses (including reasonable attorney's fees) incurred in the administration and <br />review of such Changes, to the extent such expenses exceed Five Hundred Dollars ($500). <br />Section 19. INSURANCE, CASUALTY AND CONDEMNATION <br />19.1. Prior to undertaking performance of work under this Agreement, <br />Developer shall maintain and shall require its subcontractors, if any, to obtain and <br />maintain insurance as described below: <br />a. Minimum Scope and Limit of Insurance — Coverage shall be at least as <br />broad as: <br />1. Commercial General Liability (CGL): Insurance Services Office <br />Form CG 00 01 covering CGL on an "occurrence" basis, including <br />40 <br />Westview House <br />City Rental Rehabilitation Program Loan Agreement <br />