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6.2.A. - Page 37 <br />(d) Providing that Developer's insurance shall be primary insurance relating <br />to Contractor's work hereunder with respect to City, its Council, commissions, boards, <br />committees, officers, employees and agents, and further providing that any insurance or self- <br />insurance maintained by City for itself, its Council, commissions, boards, committees, officers, <br />employees and agents shall not be excess of Developer's insurance and shall not be contributory <br />with it. 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 provisions of <br />subsection (a) above. <br />18.4 In the event that Developer's insurance is cancelled, Developer shall <br />provide replacement coverage or all work must cease as of the cancellation date until <br />replacement insurance coverage is provided. <br />19. Workers' Compensation Insurance. Developer shall provide, or cause to be <br />provided, Workers' Compensation insurance as required by law, and shall cause its contractors <br />and their subcontractors, agents and representatives to also maintain Workers' Compensation <br />insurance as required by law. No Work shall commence until such Workers' Compensation <br />insurance is obtained and in full force and effect. <br />20. Compliance with Laws. Developer shall comply with all federal, state and local <br />laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its <br />own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary <br />notices, pay all fees and taxes required by law and make any and all deposits legally required by <br />those public utilities that will serve the development on the Property. Copies and/or proof of <br />payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished <br />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 <br />or materials in connection with the Work. Developer further agrees that pursuant to Government <br />Code section 66499.7, the Payment Security provided by Developer in accordance with <br />Section 13.1 of this Agreement shall not be released if any mechanics liens or stop notices are <br />outstanding, unless said liens 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 <br />a breach and default of this Agreement: <br />(1) Developer refuses or fails to complete the Work within the time set forth <br />herein or abandons the Work. <br />(2) Developer assigns the Agreement without the prior written consent of <br />City. <br />(3) Developer is adjudged bankrupt or makes a general assignment for the <br />benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. <br />REV: 06-22-1615 <br />Page 10 of 15 <br />ATTY/AGR.2016.159/Centrum Owners Association - IA <br />