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remain obligated to correct or eliminate all dangerous conditions created by defects in
<br />design or construction; provided, however, that Developer will not be responsible for
<br />routine maintenance. Developer's obligations under this Section 17 will remain in effect
<br />for ten (10) years following acceptance of the Improvements or applicable portion thereof
<br />by the City Council. Developer acknowledges and agrees that Developer will be
<br />responsible and liable for the design and construction of the Improvements and other
<br />Work done pursuant to this Agreement, and City will not be liable for any acts or omissions
<br />in approving, reviewing, checking, correcting or modifying any Improvement Plans or
<br />related specifications, or in inspecting, reviewing or approving any work or construction
<br />of Improvements. The Developer's improvement security will not be required to secure
<br />Developer's obligations under this Section 17 beyond the one-year guarantee and
<br />warranty period. If, in any judicial proceedings involving statutory immunity under the
<br />Government Claims Act (Government Code Sections 810, et seq.) asserted by City, or
<br />its officers, agents or employees, is determined by a court of competent jurisdiction to be
<br />inapplicable or unavailable to immunize City, or its officers, agents or employees, from
<br />potential liability for any alleged acts or omissions under this Section 17, then such rights
<br />or obligations of indemnity hereunder will be governed by principles of comparative fault.
<br />Developer's obligations under this Section 17 will survive termination of this Agreement.
<br />18, Insurance. 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 the following insurance policies:
<br />18.1 General Liability. Developer shall maintain commercial general
<br />liability insurance with coverage at least as broad as Insurance Services Office form CG
<br />00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four
<br />million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and
<br />property damage, including without limitation, blanket contractual liability and coverage
<br />for explosion, collapse and underground property damage hazards. Developer's general
<br />liability policies shall be primary and non-contributory, and be endorsed using Insurance
<br />Services Office form CG 20 10 to provide that City and its officers, officials, employees,
<br />and agents shall be additional insureds under such policies. For construction contracts,
<br />an endorsement providing completed operations to the additional insured, ISO form CG
<br />20 37, is also required.
<br />18.2 Workers' Compensation. Developer shall maintain workers'
<br />compensation insurance (Statutory Limits) and employer's liability insurance with limits of
<br />at least one million dollars ($1,000,000). Developer shall submit to City, along with the
<br />certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers,
<br />agents, employees, and volunteers.
<br />18.3 Auto Liability. Developer shall provide auto liability coverage for
<br />owned, non -owned, and hired autos using ISO Business Auto Coverage form CA 00 01,
<br />or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per
<br />accident. If Developer owns no vehicles, this requirement may be met through a non -
<br />owned auto endorsement to the commercial general liability policy.
<br />REV: 01-21-2021 PR
<br />ATTY/AGR.2021.01011548 Maple LLC (Page 15 of 29)
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