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under this Section 10.1 shall not extend to Claims to the extent arising from the gross negligence <br />or willful misconduct of Indemnitees. The provisions of this Section 10.1 shall survive the <br />expiration or earlier termination of this Agreement. It is further agreed that City does not and shall <br />not waive any rights against Developer that it may have by reason of this indemnity and hold <br />harmless agreement because of the acceptance by City, or the deposit with City by Developer, of <br />any of the insurance policies described in this Agreement. <br />10.2 Liability, Workers Compensation, and Property Insurance. <br />(a) Developer (and until issuance of the final certificate of occupancy or <br />equivalent for the Project all contractors working on behalf of Developer on the Project) shall <br />maintain a commercial general liability policy including coverage for bodily injury, property <br />damage, products, completed operations and contractual liability coverage with coverage limits in <br />the greater of: (a) the amounts required by the construction and permanent lenders for the Project, <br />or (b) Two Million Dollars ($2,000,000) each occurrence, Five Million Dollars ($5,000,000) <br />annual aggregate, together with Three Million Dollars ($3,000,000) excess liability coverage. <br />Such policy or policies shall be written on an occurrence basis and shall name the Indemnitees as <br />additional insureds. <br />(b) Developer (and until issuance of the final certificate of occupancy or <br />equivalent for the Project all contractors working on behalf of Developer on the Project) shall <br />maintain a comprehensive automobile liability coverage in the amount of One Million Dollars <br />($1,000,000), combined single limit including coverage for owned and non -owned vehicles. <br />Automobile liability policies shall name the Indemnitees as additional insureds. <br />(c) Developer and Developer's general partners shall furnish or cause to be <br />furnished to City evidence satisfactory to City that Developer and Developer's general partners, <br />and any contractor with whom Developer has contracted for the performance of work on the <br />Property or otherwise pursuant to this Agreement, carries statutory Workers' Compensation <br />insurance and Employer's Liability insurance in a minimum amount of One Million Dollars <br />($1,000,000) per accident. <br />(d) Upon commencement of construction work and continuing until issuance of <br />the final certificate of occupancy or equivalent for the Project, Developer and all contractors <br />working on behalf of Developer shall maintain a policy of builder's all-risk insurance in an amount <br />not less than the full insurable cost of the Project on a replacement cost basis naming City as loss <br />payee. <br />(e) Commencing upon completion of construction of the Project, Developer <br />shall maintain property insurance covering all risks of loss (other than earthquake), including <br />flood, for 100% of the replacement value of the Project with deductible, if any, in an amount <br />acceptable to City, naming City as loss payee. <br />(f) Companies writing the insurance required hereunder shall be licensed to do <br />business in the State of California. Insurance shall be placed with insurers with a current A.M. <br />Best's rating of no less than A: VII. The Commercial General Liability and comprehensive <br />ATY/AGR/2017.218/RWC — BRADFORD -- DDA <br />RFV: 09-18-17 VR <br />Page 39 of 94 <br />