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6.E. - Page 39 of 53 <br />immunity under the Government Claims Act (Government Code Sections 810, et <br />seq.) asserted by City, or its officers, agents or employees, is determined by a <br />court of competent jurisdiction to be inapplicable or unavailable to immunize City, <br />or its officers, agents or employees, from potential liability for any alleged acts or <br />omissions under this Section 17, then such rights or obligations of indemnity <br />hereunder will be governed by principles of comparative fault. This Section 17 will <br />survive the early termination of this Agreement. <br />18. Insurance. <br />18.1 Developer will, before the release of said Final Map by City for <br />recordation, obtain and maintain in full force and effect during the term of this <br />Agreement at Developer's own expense and risk, Worker's Compensation, a <br />general comprehensive liability insurance policy, and owned, non -owned, and <br />hired automobile liability insurance. The minimum amounts of coverage <br />corresponding to the aforesaid categories of insurance per insurable event shall <br />be as follows: <br />Insurance Category <br />Minimum Limits <br />Workers' Compensation <br />Statutory minimum. <br />Employer's Liability <br />$1,000,000.00 per accident for bodily injury or <br />disease. <br />Commercial General Liability <br />$2,000,000.00 per occurrence, $4,000,000.00 <br />aggregate for bodily injury, personal injury and <br />property damage. <br />Automobile Liability <br />$2,000,000.00 per occurrence for bodily injury and <br />property damage (coverage required to the extent <br />applicable to Contractor's vehicle usage in <br />performing work hereunder). <br />18.2 Liability aggregates can be satisfied by umbrella or excess liability <br />policies. <br />18.3 Any deductibles or self-insured retentions must be declared to, and <br />approved by City. At the option of City either Developer's insurer will reduce or <br />eliminate the deductibles or self-insured retentions with respect to City, it's Council, <br />commissions, boards, committees, officers, employees and agents or Developer <br />will procure a bond guaranteeing payment of losses and related investigations, <br />claim administration and defense expenses. <br />18.4 Concurrently with the execution of this Agreement, Developer will <br />furnish City with certificates and copies of information or declaration pages of the <br />REV: 01-12-2021 PR <br />ATTY/AGR.2021.006/Stanford Medical (Page 9 of 22) <br />344 <br />