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7. Insurance. During the term of this Agreement, Developer shall maintain public liability <br /> and property damage insurance with a combined single limit of not less than $1,000,000 and <br /> $1,000,000 for damage to property. Such insurance shall be written on an occurrence basis and <br /> shall be primary with respect to all other insurance covering any of the insured risks; shall cover <br /> all risks arising directly or indirectly out of Developer's performance under the Agreement, <br /> whether or not related to an occurrence caused or contributed to by the City's negligence; shall <br /> include a contractual liability clause; and shall protect the City and Developer against claims <br /> of third persons. Such policies shall be written in such form, with such terms and by such <br /> insurance companies reasonably acceptable to City. Developer shall deliver to the City <br /> certificates of coverage from each insurer containing a stipulation that coverage will not be <br /> canceled or diminished without a minimum of thirty (30) days' written notice to the City. <br /> 8. Attorney Fees. In the event any legal proceeding is commenced for the purpose of <br /> interpreting or enforcing any provision of this Agreement, the prevailing party in such <br /> proceeding shall be entitled to recover reasonable attorney fees in the proceeding, or any appeal <br /> or review thereof, to be set by the court without the necessity of hearing testimony or receiving <br /> evidence, in addition to the costs and disbursements allowed by law. In addition, in the event <br /> of default by either party in performance of this Agreement, the defaulting party agrees to pay <br /> all reasonable attorney fees and legal expenses incurred by the non - defaulting party in collecting <br /> any sums due hereunder, even though no litigation is filed. <br /> 9. Assignment. Developer shall not assign its interest in this Agreement without the City's <br /> prior written consent. The City may require Developer and Developer's assignee to provide the <br /> City reasonable documentation in connection with the City's consent consideration and <br /> decision. <br /> 10. Merger /Amendment. There are no other undertakings, promises or agreements, either <br /> verbal or in writing, other than those contained in this Agreement which affect the provisions <br /> of this Agreement. Any amendments to this Agreement shall be in writing and executed by both <br /> parties. <br /> 11. Applicable Laws /Jurisdiction. The laws of the State of Oregon shall be used in <br /> construing this Agreement and enforcing the rights and remedies of the parties. The parties <br /> further agree that jurisdiction over this Agreement and matters relating thereto shall lie in the <br /> courts of the State of Oregon. <br /> DEVELOPER: <br /> By: Date: <br /> (Type the Signer's Title here) <br /> CITY: <br /> By: Date: <br /> Kurt Corey, Public Works Director <br /> EXHIBIT E <br /> PAGE OF <br /> Street Tree Plan Agreement - Developer Plant 4 of 5 y <br />