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design and construction of the Improvements and other work done pursuant to this
<br />Agreement, and City will not be liable for any acts or omissions in approving,
<br />reviewing, checking, correcting or modifying any Improvement Plans or related
<br />specifications, or in inspecting, reviewing or approving any work or construction of
<br />Improvements. The Developer's improvement security will not be required to
<br />secure Developer's obligations under this Section 17 beyond the one-year
<br />guarantee and warranty period. If, in any judicial proceedings involving statutory
<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. 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 and excess liability insurance with coverage at least as broad as Insurance
<br />Services Office form CG 00 01, in a combined amount not less than Two Million
<br />Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general
<br />aggregate, for bodily injury, personal injury, and property damage, including
<br />without limitation, blanket contractual liability and coverage for explosion, collapse
<br />and underground property damage hazards. Developer's general liability policies
<br />shall be primary and non-contributory, and be endorsed using Insurance Services
<br />Office form CG 20 10 to provide that City and its officers, officials, employees, and
<br />agents shall be additional insureds under such policies. For construction contracts,
<br />an endorsement providing completed operations to the additional insured, ISO
<br />form CG 20 37, is also required.
<br />18.2 Workers' Compensation. At any time Developer has direct
<br />employees, Developer shall maintain Workers' Compensation Insurance
<br />(Statutory Limits) and Employer's Liability Insurance with limits of at least One
<br />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
<br />officers, agents, employees, and volunteers.
<br />18.3 Auto Liability. At any time Developer has direct employees or owns
<br />any motor vehicles, Developer shall provide auto liability coverage for owned, non -
<br />owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the
<br />exact equivalent, with a limit of no less than One Million Dollars ($1,000,000) per
<br />accident.
<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 />REV: 02-18-2020 PR
<br />ATTY/AGR.2020.025/Premia 1180 Main Owner, LLC (Page 9 of 22)
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