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improvement security will not be required to secure Developer's obligations under
<br />this Section 17 beyond the one-year guarantee and warranty period. If, in any
<br />judicial proceedings involving statutory immunity under the Government Claims
<br />Act (Government Code Sections 810, et seq.) asserted by City, or its officers,
<br />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,
<br />from potential liability for any alleged acts or omissions under this Section 17, then
<br />such rights or obligations of indemnity hereunder will be governed by principles of
<br />comparative fault. This Section 17 will survive the early termination of this
<br />Agreement.
<br />18. Insurance. Developer will, before the release of said Parcel Map by City for
<br />recordation, obtain and maintain in full force and effect during the term of this Agreement
<br />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
<br />form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per
<br />occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury,
<br />personal injury, and property damage, including without limitation, blanket
<br />contractual liability and coverage for explosion, collapse and underground property
<br />damage hazards. Developer's general liability policies shall be primary and non-
<br />contributory, and be endorsed using Insurance Services Office form CG 20 10 to
<br />provide that City and its officers, officials, employees, and agents shall be
<br />additional insureds under such policies. For construction contracts, an
<br />endorsement providing completed operations to the additional insured, ISO form
<br />CG 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
<br />limits of at least One Million Dollars ($1,000,000). Developer shall submit to City,
<br />along with the certificate of insurance, a Waiver of Subrogation endorsement in
<br />favor of City, its officers, 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
<br />00 01, or the exact equivalent, with a limit of no less than One Million Dollars
<br />($1,000,000) per accident. If Developer owns no vehicles, this requirement may
<br />be met through a non -owned auto endorsement to the CGL policy.
<br />18.4 Builder's Risk Insurance. Upon commencement of construction and
<br />with approval of City, Developer shall obtain and maintain Builder's Risk/Course
<br />of Construction insurance. Policy shall be provided for replacement value on an
<br />"all-risk" basis. The City shall be named as Loss Payee on the policy and there
<br />shall be no coinsurance penalty provision in any such policy. Policy must include:
<br />(1) coverage for removal of debris, and insuring the buildings, structures,
<br />machinery, equipment, materials, facilities, fixtures, and all other properties
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