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16.7 Concurrently with the execution of this Agreement, Developer will <br />furnish City with certificates and copies of information or declaration pages of the <br />insurance required hereunder and, with respect to evidence of commercial general <br />liability and automobile liability insurance coverage, original endorsements: <br />(a) Precluding cancellation or reduction in coverage before <br />the expiration of thirty (30) days after City will have received written <br />notification of cancellation or reduction in coverage by first class mail, <br />postage prepaid; <br />(b) Providing that Developer's insurance will apply <br />separately to each insured against whom claim is made or suit is <br />brought, except with respect to the limits of the insurer's liability <br />(cross liability endorsements); <br />(c) Naming City, its Council, commissions, boards, <br />committees, officers, employees and agents as additional insureds; <br />and <br />(d) Providing that Developer's insurance will be primary <br />insurance relating to Contractor's work hereunder with respect to <br />City, its Council, commissions, boards, committees, officers, <br />employees and Agents, and further providing that any insurance or <br />self-insurance maintained by City for itself, its Council, commissions, <br />boards, committees, officers, employees and agents will not be <br />excess of Contractor's insurance and will not be contributory with it. <br />Such insurance will also specifically insure any contractual liability <br />assumed by Developer under the terms of this Agreement, including, <br />but not limited to, the provisions of subsection (a) above. <br />16.8 In the event that Developer's insurance is cancelled, Developer will <br />provide replacement coverage or all work must cease as of the cancellation date <br />until replacement insurance coverage is provided. <br />17. Encroachment Permits. Developer will obtain, at its sole cost and expense, <br />any encroachment permits required by City in order to perform the Work. <br />18. Payments. Developer agrees that it will pay, when due, all those furnishing <br />labor or materials in connection with the Work. Developer further agrees that pursuant to <br />Government Code section 66499.7, the payment security provided by Developer in <br />accordance with Subsection 12.1 of this Agreement will not be released if any mechanics <br />liens or stop notices are outstanding, unless said liens are released by bond in compliance <br />with Civil Code section 8424. <br />19. Notice of Breach and Default. The occurrence of any of the following <br />constitutes a breach and default of this Agreement: <br />19.1 Developer refuses or fails to complete the Work within the time set <br />forth herein or abandons the Work. <br />REV: 09-22-2022 SK <br />ATTY/AGR.2022.358/Noventi Qoz Properties LLC (Page 10 of 22) <br />