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<br /> 171 Neither the City, nor its officers, �gents nor employee�, shall be liable or
<br /> responsible for any accident,injury,loss,or d�mage to either pr�periy or ptrson attributable to or
<br /> ari�ing out of the cor�sttuction or installation of the Improvcrnents. Developer shall indcmnify,
<br /> hold haimless�nd defend the City, its officers, agents and employees, from and against any and
<br /> all lasaes, clairns, co�ts, expens�s, liabilities, damages, acticros, ca.uses of action and judgments,
<br /> inctuding reasonablo attarneys' fees, arising out of or attributable to DevelopGr's perforn�nce
<br /> unde�r this Agreement. Notwithstariding the forgoing,Developer shall not bc obligated under this
<br /> Agreemcnt to defcad andfor indemaify the City to the extent that any of th� damage or injury is
<br /> caused by the gross negligenee or willful miseonduct of the City or its agents or employees.
<br /> 17 2 Developer's obligations under tlus Sectioa 17 are not conditioned or dtpeadent
<br /> upon the City, or its officers, agcnts and employees, whether the City prcpar�d, supplied or
<br /> reviewed any Improvement Plans or related specifications in connection with the Subdivision ar
<br /> the Improvements, or whether the City has inswance or other indemnification covering any of
<br /> these matters.
<br /> 17 3 Developer's obligation to indemnify, hold harmless and defend the City sha11
<br /> extend to injuries ta persoas aad damages to or alkged ta.king of pmperty resulting from the
<br /> design or eonstruction of the Subdivision, and the Improvements required herein, and shall
<br /> likcwise cxtend to�djacent property owners asserting claims based upon the +diversion of wators
<br /> ca.used by the Developer's design or construction of public drainage systems, strect�, and other
<br /> public faeilities or Improvements. The City's accoptance of the Impmvoments shall not evnstitute
<br /> an assumption by the City of any responsibility or liability for any damage or alleged t�lang of
<br /> properiy referenced herein. City shall not be responsible or liable for the desiga or construcrion
<br /> of the Subdivision or the Improvements construeted or installed pursuant to the approved
<br /> Improvements Plans or the Final Map. After City's acceptanee of the Improvements, the
<br /> Developer shall remain obligated to correct or eliminate a11 dangerous conditions created by
<br /> defects in design or eons�huction; provided,however, that the Developer sha11 not be responsible
<br /> for routine maintenance. Developer's obligations hereunder shalI remain in cffect for ten (10)
<br /> ycars following acceptaaco of the Improvements by the City Council. Develcyper acknowledges
<br /> and agrecs that Develc�per sh�ll be responsible and liable for the de�ign and construction of the
<br /> Improvements and other work dont pursuant to this Agreement, and City shall:ttot be liable for
<br /> any acts or omission� in approving, reviewing, chccking, correcting or modifying any
<br /> Impmvement Plans or ral�ted speeifications, or in insptcting, reviewing or approving any work
<br /> or constructioa of Improvements. The Developer's improvement security shall not be requined to
<br /> secure the Develc�pers obligations under this Subsection 17.3 beyond thc one-year guarantee and
<br /> warranty period. I� in any judicial proceedings involving statutory irnmunity under tlx
<br /> Gov�rnment Claims Act (Government Code Sectivns 810, et seq.) asserted by the City, or its
<br /> officers, agcnts or ernplayees, is deternvned by a court of competent jurisdiction to be
<br /> inapplicable or unavailable to immunize the City, or its officers, agcnts or employces, from
<br /> potenti�l liability for any alleged acts or ouussions under this Subsection 17.3,then sueh rights or
<br /> obligations of indemnity hereunder shall be governed by principles of comparative fault.
<br /> 18. Insuranco.
<br /> 181 Developer sha11, befcmc the release of said Final Map by City for reeordation,
<br /> obtain and maintain in full force and effect during the term of this Agreement, at Developer's
<br /> own expense and risk, Worker's Compensation, a general comprchcnsivo li�bility insurance
<br /> policy,and owned,non-owned,and hircd automobile li�bility insiu�nce. Thc minimum amounts
<br /> of covtrage corresponding to the afor�esaid categories of insursace per insurablc event shall be as
<br /> follows:
<br /> REV:01-21-16 VR
<br /> Page 7 of19
<br /> ATTY/AGR.2018.0091RWC ECR Venture, LLC•IA
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