Demolition Agreement_10.12.2018 - Laserfiche WebLink

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10. Indemnification 10.1 Neither the City, nor its officers, agents nor employees, shall be liable or responsible for any accident, injury, loss, or damage to either property or person related to, attributable to, or arising out of the Demolition Work and /or the Signal Removal. Developer shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to the City's approval of, and Developer's performance under, this Agreement. Notwithstanding the forgoing, Developer shall not be obligated under this Agreement to defend and/or indemnify the City to the extent that any of the damage or injury is caused by the negligence or willful misconduct of the City or its agents or employees. 10.2 Developer's obligations under this Section 10 are not reduced or affected by whether the City prepared, supplied, reviewed or approved any plans related to the Demolition Work or the Signal Removal, or whether the City has insurance or other indemnification covering any of these matters. I1. Compliance with Laws. Developer shall comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses, give all necessary notices, and pay all fees and taxes required by law relating to the Demolition Work and the Signal Removal. Copies and/or proof of payment of said permits, licenses, notices, fees and tax payments shall be furnished to the City Engineer upon request. 12. Permits. Developer shall obtain, at its sole cost and expense, any building, encroachment or other permits required by City or OSHPD to perform the Demolition Work and the Signal Removal work. 13. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Demolition Work and the Signal Removal work. Developer further agrees that the Payment Security provided by Developer in accordance with Section 7 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424. 14. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete the Demolition Work or the Signal Removal work within the time set forth herein or abandons the Demolition Work or the Signal Removal work. (2) Developer assigns this Agreement without the prior written consent of City. (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement. Page 5 of 13 REV: 07 -20 -18 PR ATTY /AGR /2018.161 /KAISER MOB2 —DEMO AGREEMENT