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insurance coverage is provided. Developer shall furnish the City with replacement insurance
<br />certificates and/or declaration pages of the insurance required.
<br />20. Workers' Compensation 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 />21. Compliance 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 development on the Property. Copies and/or proof of payment of said permits, licenses, notices,
<br />fee and tax payments and deposits shall be furnished to the City Engineer upon request.
<br />22. Prevailing Wage Requirements on FF Eligible Improvements
<br />221 Developer acknowledges and agrees that the FF Eligible Improvements
<br />constitute "public works" as defined in California Labor Code Section 1720(a)(1). Accordingly,
<br />Developer shall comply with, and cause its contractors and subcontractors to comply with, all
<br />State Labor Code requirements and implementing regulations of the Department of Industrial
<br />Relations pertaining to "public works," including the payment of prevailing wages (collectively,
<br />"Prevailing Wage Laws ") in connection with construction and installation of the FF Eligible
<br />Improvements. Developer shall require the contractor(s) for the FF Eligible Improvements to
<br />submit, upon request by City, certified copies of payroll records to City at the Property or at
<br />another location within City, and to maintain and make records available to City and its designees
<br />for inspection and copying to ensure compliance with Prevailing Wage Laws. Developer shall
<br />also include in each of its contractor agreements, a provision in a form acceptable to City,
<br />obligating the contractor to require its contractors and/or subcontractors to comply with
<br />Prevailing Wage Laws in connection with the FF Eligible hnprovements, and to submit, upon
<br />request by City, certified copies of payroll records to City and to maintain and make such payroll
<br />records available to City and its designees for inspection and copying during regular business
<br />hours at the Property or at another location within City. City and Developer each acknowledge
<br />and agree that it is a condition of approval of the Project that Developer construct the FF Eligible
<br />Improvements.
<br />222 Developer shall defend (with counsel reasonably acceptable to the City),
<br />indemnify, assume all responsibility for, and hold harmless City, its officers, agents and
<br />employees from and against any and all present and future claims arising out of or in any way
<br />connected with Developer's or its contractors' or subcontractors' obligations to comply with all
<br />Prevailing Wage Laws, including all claims that may be made by contractors, subcontractors, or
<br />other third parry claimants pursuant to Labor Code sections 1726 and 1781.
<br />223 Developer hereby waives and releases City, its officers, agents and employees
<br />from any and all manner of claims, liabilities, damages or other compensation whatsoever, in law
<br />or equity, of whatever kind of nature, whether known or unknown, direct or indirect, foreseeable
<br />or unforeseeable, absolute or contingent, now existing or which may in the future arise, including
<br />lost business opportunities or economic advantage, and special and consequential damages,
<br />arising out of, directly or indirectly, or in any way connected with Developer's obligation to
<br />comply with all Prevailing Wage Laws in connection with the FF Eligible Improvements.
<br />REV: 08 -29 -18 PR
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<br />ATTY /AGR.201 5.202 /Kaiser MOB2 - IA
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