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t 1 • <br /> injury, death or property damage resulting from or arising out of ADM's use of said <br /> right-of-way, and from all costs, demands, suits, losses, attomey's fees and liabilities <br /> incurred in or about any such claim for bodily injury, death or property damage or <br /> any claim or proceeding brought thereon. <br /> Section 4. ADM shall forward to the City certificates of insurance for the <br /> following coverages with the followi.ng limits, to remain in full force and effect for <br /> the period during which said underpass is maintained: <br /> 1. Comprehensive General Liability - to cover bodily injury to <br /> persons other than employees and for damages to tangible property, including loss <br /> of use thereof, and including a11 premises and operations exposures, explosion, <br /> collapse and underground damage, owners protective coverage, contractual liability <br /> coverage for all obligations assumed in the indemnification and hold harmless <br /> agreement found herein, personal injury liability coverage, and products and <br /> completed operations coverage, with a per occurrence combined single limit of <br /> $1,000,000 and an aggregate limit of$2,000,000. <br /> 2. Umbrella or Excess Liability - to apply to ADM's generalliability <br /> insurance, with per occurrence and aggregate li.mits of$2,000,000 each, and policy <br /> wording at least as broad as the primary or underlying policy(ies). <br /> "Additional insured" status for the City, for this underpass, shall be noted on the <br /> above-described general liability and umbrella liability insurance policies for the <br /> period of this Ordinance, and thirty (30) days written notice of cancellation on the <br /> above-described policies, shall be indicated on same. All policies sha11 be written <br /> on an "occurrence" form unless prior written approval is received from the City of <br /> Decatur. Acceptance of all the above-described coverages sha11 be subject to the <br /> qualifications of the insurer(s), and the written approval of the City of Decatur's <br /> Risk Manager. <br /> Section 5. ADM shall be responsible for a11 maintenance of the underpass, <br /> and the City sha11 have no duty of repair or upkeep. <br /> Section 6. By constructing said underpass, ADM agrees that it will petition <br /> the City, pursuant to law, to annex the following-described property, not later than <br /> January 1, 1995, or at such tune as ADM acquires title to same; whichever date is <br /> later: <br />