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__ � SECTION 1781. THE DEVELOPER ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542 RELATIVE TO THE WANER AND RELEASE CONTAINED IN THIS SECTION 4.11, WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 4.11.3 BY INITIALING BELOW,TI�DEVELOPER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WANER RELEASES OF THIS SECTION 4.11: 't' s of Authorized v oper Representative 4.11.4 THE RESPONSIBILITY OF COMPLIANCE WITH THE CALIFORNIA LABOR CODE DURING THE CONSTRUCTION OF THE PROJECT RESTS WTTH THE DEVELOPER. THE DEVELOPER SHALL INDEMNIFY THE CITY, PURSUANT TO SECTION 7.6, AGAINST ANY CLAIMS PURSUANT TO LABOR CODE SECTION 1781 ARISING FROM THIS AGREEMENT OR THE CONSTRUCTION OR INSTALLATION OF ALL OR ANY PORTION OF THE PROJECT. THE OBLIGATION OF DEVELOPER UNDER THIS SECTION 4.11. SHALL BE LIMITED TO ACTUAL OUT-OF- POCKET EXPENSES SUFFERED OR INCURRED BY CITY PARTIES AND SHALL NOT INCLUDE ANY CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS. NOTWTTHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE DEVELOPER SHALL NOT BE REQUII2ED TO INDEMNIFY THE CTTY PARTIES FOR THE WII..LFUL MISCONDUCT OR GROSS NEGLIGENCE OF ANY CITY PARTY. 4.12 Insurance. The Developer, to protect the City Parties against any and all claims and liability for death, injury, loss and damage resulting from the Developer's actions in connection with this Agreement, the Site and the Project, shall, at the Developer's sole cost and expense, until issuance of a Certif'icate of Completion for the Project, maintain the following insurance (or its then reasonably available equivalent): (a)Liability Insurance; (b) Builder's Risk Insurance; and (c)Worker's Compensation Insurance. Additionally, the Developer, to protect the City Parties, shall cause its contractors and subcontractors, at their sole cost and expense, until issuance of a Certificate of Completion for the Project, to maintain Contractor's Insurance. 4.12.1 Stability of Insurance Carriers. Contractor's Insurance polices shall be issued by carriers that maintain an A. M. Best rating not less than"A-,VII". 4.12.2 Polic�Req,uirements and Endorsements. All insurance policies this Agreement requires shall contain(by endorsement or otherwise)the following provisions: 34 2013.118/BLOCK 2 HUNTEH STORM REV:07-26-13 PT