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903. Modification of Terms. The Executive Director shall have the authority to make <br /> <br /> minor modifications to the terms contained herein with the prior approval of the City Attorney's <br /> Office. Any alteration, change or modification of or to this Agreement, in order to become <br /> effective, shall be made in writing and in each instance signed on behalf of each party. <br /> 904. Limitation on Delegation. Inasmuch as this Agreement is intended to secure the <br /> specialized services of Developer, Developer may not assign, transfer, delegate, or subcontract <br /> any interest herein without the prior written consent of the City and any such assignment, <br /> transfer, delegation or subcontract without the City's prior written consent shall be considered <br /> Nothin in this A Bement shall be construed to limit the City's ability to have any <br /> null and void. g gr <br /> of the services which are the subject to this Agreement performed by City personnel or by other <br /> developers or consultants retained by the City. <br /> 905. Exclusivity and Amendment. This Agreement represents the complete and <br /> exclusive statement between the City and Developer, and supersedes any and all other <br /> agreements, oral or written, between the parties. h1 the event of a conflict between the terms of <br /> this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This <br /> Agreement may not be modified except by written instrument signed by the City and by an <br /> authorized representative of Developer. The parties agree that any terms or conditions of any <br /> purchase order or other instrument that are inconsistent with, or in addition to, the terms and <br /> conditions hereof, shall not bind or obligate Developer nor the City. Each party to this <br /> Agreement acknowledges that no representations, inducements, promises or agreements, orally <br /> or otherwise, have been made by any parry, or anyone acting on behalf of any party, which are <br /> not embodied herein. <br /> 906. Insurance. The Developer shall take out and maintain or shall cause its contractor <br /> to take out and maintain until the completion of rehabilitation pursuant to the terms of <br /> this Agreement, a commercial general liability policy in the amount of Two Million <br /> Dollars ($2,000,000) combined single limit policy, and a comprehensive automobile <br /> liability policy in the amount of One Million Dollars ($1,000,000), combined single limit, <br /> or such other policy limits as the City may approve at its discretion, including contractual <br /> liability, as shall protect the Developer, City from claims for such damages. Such policy <br /> or policies must be written on an occurrence form. The Developer shall also furnish or <br /> cause to be furnished to the City evidence satisfactory to the City that Developer and any <br /> contractor with whom it has contracted for the performance of work on the Sites or <br /> otherwise pursuant to this Agreement carries workers' compensation insurance as <br /> required by law. Developer also agrees to provide insurance covering one <br /> hundred percent (100%) of the replacement cost of all insurable items within the Property <br /> in the event of fire, lightning, debris removal, windstorm, vandalism, malicious mischief, <br /> theft, mysterious disappearance and hazards, casualties and contingencies as are normally <br /> and usually covered by all-risk policies in effect in the locality where the Property is <br /> situated. The Developer shall furnish a certificate of insurance countersigned by an <br /> authorized agent of the insurance carrier on a form approved by the City setting forth the <br /> general provisions of the insurance coverage. This countersigned certificate shall name <br /> the City and its respective officers, agents, and employees as an additionally insured <br /> party under the policy, and the certificates shall be accompanied by a duly executed <br /> 16 <br /> 25K-32 <br /> <br />