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6.1.A. - Page 10
<br /> all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments,
<br /> including reasonable attorneys' fees, arising out of or attributable to Developer's performance
<br /> under this Agreement. Notwithstanding the forgoing,Developer shall not be obligated under this
<br /> Agreement to defend and/or indemnify the City to the extent that any of the damage or injury is
<br /> caused by the gross negligence or willful misconduct of the City or its agents or employees.
<br /> 172 Developer's obligations under this Section 17 are not conditioned or dependent
<br /> upon the City, or its officers, agents and employees, whether the City prepared, supplied or
<br /> reviewed any Improvement Plans or related specifications in connection with the Improvements,
<br /> or whether the City has insurance or other indemnification covering any of these matters.
<br /> 173 Developer's obligation to indemnify, hold harmless and defend the City shall
<br /> extend to injuries to persons and damages to or alleged taking of property resulting from the
<br /> design or construction of the Improvements required herein,and shall likewise extend to adjacent
<br /> property owners asserting claims based upon the diversion of waters caused by the Developer's
<br /> design or construction of public drainage systems, streets, and other public facilities or
<br /> Improvements. The City's acceptance of the Improvements shall not constitute an assumption by
<br /> the City of any responsibility or liability for any damage or alleged taking of property referenced
<br /> herein. City shall not be,responsible or liable for the design or construction of the Improvements
<br /> constructed or installed pursuant to the approved Improvements Plans.After City's acceptance of
<br /> the Improvements, the Developer shall remain obligated to correct or eliminate all dangerous
<br /> conditions created by defects in design or construction; provided, however, that the Developer
<br /> shall not be responsible for routine maintenance. Developer's obligations hereunder shall remain
<br /> in effect for ten (10) years following acceptance of the Improvements by the City Council.
<br /> Developer acknowledges and agrees that Developer shall be responsible and liable for the design
<br /> and construction of the Improvements and other work done pursuant to this Agreement, and City
<br /> shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or
<br /> modifying any Improvement Plans or related specifications, or in inspecting, reviewing or
<br /> approving any work or construction of Improvements. The Developer's improvement security
<br /> shall not be required to secure the Developers obligations under this Subsection 17.3 beyond the
<br /> one-year guarantee and warranty period. If, in any judicial proceedings involving statutory
<br /> immunity under the Government Claims Act (Government Code Sections 810, et seq.) asserted
<br /> by the City, or its officers, agents or employees, is determined by a court of competent
<br /> jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or
<br /> employees, from potential liability for any alleged acts or omissions under this Subsection 17.3,
<br /> then such rights or obligations of indemnity hereunder shall be governed by principles of
<br /> comparative fault.
<br /> 18. Insurance.
<br /> 181 Developer shall, before the release of said Final Map by City for recordation,
<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 comprehensive liability insurance
<br /> policy, and owned,non-owned,and hired automobile liability insurance. The minimum amounts
<br /> of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as
<br /> follows:
<br /> REV:08-31-17 PR
<br /> Pagel of 22
<br /> ATTY/AGR.2017.195/Lane-Broadway, LLC-IA
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