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b. All utility lines and other equipment installed or used in connection with the City Utility Easement which pass through or are installed in Parcel A for the benefit of the Public Parking Facility will be maintained and repaired at no expense to the Developer, unless otherwise specified in this Agreement. c. All of the stairways, escalators, elevators and/or pedestrian ramps which comprise the Access Points shall be maintained in and repaired to a clean and safe condition, and consistent with the maintenance standards in a first class project, by the City at its sole cost and expense. Section 7. Insurance. The Developer and the City will each maintain the insurance specified hereinafter and shall at no cost to the other party furnish, or cause to be furnished, to the other party appropriate certificates of insurance. a. Required Developer Insurance - The Developer shall maintain the following insurance: (1) At all times that the Developer has "employees" (as defined in the California Labor Code) in or on the Retail Cinema, it shall maintain adequate Workers' Compensation Insurance including employer's liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident covering all persons employed. In lieu of such insurance, the Developer may furnish evidence of consent to self-insure workers' compensation benefits in a form approved by the State of California Department of Industrial Relations or successor agency. (2) At all times, the Developer shall maintain commercial General Liability insurance, with limits of not less than Five Million Dollars ($5,000,000) for each occurrence of bodily injury and property damage combined, including coverage's for contractual liability, personal injury, broad form property damage, premises liability, owner's and contractors' protective, products and completed operations. (3) At all times the Developer shall maintain Comprehensive Automobile Liability insurance, with limits of not less than Five Million Dollars ($5,000,000) for each occurrence of bodily injury and property damage combined, including coverage's for any auto, including, without limitation, owned, non-owned and hired vehicles. (4) During construction, alteration or repair of any improvement, the Developer shall maintain builders' risk insurance for the amount of completed value (or lesser amount if acceptable to the City) on an all-risk form, naming the City and any contractors or subcontractors as Named Insured's as their interests may appear, with a deductible of up to but not to exceed Two Hundred Fifty Thousand Dollars ($250,000) for other insurance provided under this subsection. REDW\0002\007-9PREF.DOC 6\25\04 1130 law 7 -"' -"