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commissions, boards, committees, officers, employees and Agents, and further <br />providing that any insurance or self-insurance maintained by City for itself, its <br />Council, commissions, boards, committees, officers, employees and agents shall <br />not be excess of Contractor's insurance and shall not be contributory with it. <br />Such insurance shall also specifically insure any contractual liability assumed by <br />Developer under the terms of this Agreement, including, but not limited to, the <br />provisions of subsection (a) above. <br />18.4 In the event that Developer's insurance is cancelled, Developer shall provide <br />replacement coverage or all work must cease as of the cancellation date until replacement <br />insurance coverage is provided. <br />19. Workers' Commensation Insurance. Developer shall provide, or cause to be provided, <br />Workers' Compensation insurance as required by law, and shall cause its contractors and their <br />subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required <br />by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full <br />force and effect. <br />20. Comoliance with Laws. Developer shall comply with all federal, state and local laws, <br />ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and <br />expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees <br />and taxes required by law and make any and all deposits legally required by those public utilities that will <br />serve the residential development on the Property. Copies and/or proof of payment of said permits, <br />licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. <br />21. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any <br />encroachment permits required by City in order to perform the Work. <br />22. Payments. Developer agrees that it will pay, when due, all those furnishing labor or <br />materials in connection with the Work. Developer further agrees that pursuant to Government Code <br />section 66499.7, the Payment Security provided by Developer in accordance with Section 13.1 of this <br />Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens <br />are released by bond in compliance with Civil Code section 8424. <br />23. Notice of Breach and Default. The occurrence of any of the following constitutes a <br />breach and default of this Agreement: <br />(1) Developer refuses or fails to complete the Work within the time set forth herein <br />or abandons the Work. <br />(2) Developer assigns this Agreement without the prior written consent of City. <br />(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of <br />creditors, or a receiver is appointed in the event of Developer's insolvency. <br />(4) Developer or Developer's contractors, subcontractors, agents or employees, fail <br />to comply with any terms or conditions of this Agreement. <br />(5) Any delay in the construction of any portion of the Work or repairs, which in the <br />reasonable opinion of the City Engineer, endangers public or private property. <br />Page 9 of 22 <br />AM/AGR/2017.243/GS DILLER SUBSIDIARY, LLC— IA <br />REV: 11-01-17 PR <br />