Each Accident Aggregate

$5,000,000

Dubuque County, its elected and appointed officials, officers, engineers, agents, employees, representatives, and volunteers shall be included as additional insureds under the Developer's General Liability and Automobile Policies.

8.9 Obligations Surviving Termination. Neither termination nor expiration of this Agreement will release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to the date of termination or expiration.

8.10 Force Majeure – Delays. Notwithstanding any other provision in this Agreement to the contrary, if performance of any act required to be performed by Developer under this Agreement is in whole or in part prevented or delayed by reason of any fire, earthquake, flood, tornado, act of God or natural disaster, strike, lock-out, labor disputes or trouble, war, civil strife or other violence, inability to secure materials, any law, order, proclamation, regulation, ordinance, action, demand, requirement of any government agency, or any other cause, event or circumstance not the fault of Developer, including without limitation the invocation of a force majeure provision by any third party to excuse such third party’s performance of any obligations (except for payment obligations) related to the leasehold rights or the development of the Project, then Developer, upon giving written notice to County, shall be excused from such performance to the extent of and for the duration of such prevention, restriction or delay.

8.11 Disclaimer of Warranties. Except as otherwise set forth in this Agreement, Developer makes no, and expressly disclaims any, warranties of any kind or nature, whether express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose or use, warranties of title, or warranties of any products or services.

8.12 No Consequential Damages. In no event will Developer Parties be liable to County or any of its affiliates (or their respective successors or permitted assigns) for any consequential, incidental, indirect, punitive or special damages (including loss of profits, business, or good will) in connection with this Agreement, whether or not liability is based on breach of contract, tort, strict liability, breach of warranty, or failure of essential purpose or otherwise, even if County is advised of the likelihood of such damages.

9.1 Written Notice. Unless otherwise allowed by this Agreement, any notice, demand, or other communication given under this Agreement shall be in writing and given personally or by sent via registered certified mail, return receipt requested or FedEx overnight delivery service with tracking. A courtesy copy of the notice may be sent by electronic mail.

9.2 Addresses. Notices shall be given to the Parties at their addresses set forth below.

Dubuque County Engineer 1225 Seippel Road, Dubuque, IA 52002

Email: Todd.Kinney@dubuquecountyiowa.gov

Fax: (563) 557-1973

Attention: Todd Kinney

Developer

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