RecDoc2022-084965 Subdivision Improvement 1417 Middlefiled Rd

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15.2 Developer's obligations under this Section 15 are not conditioned or dependent upon City, or its officers, agents and employees, whether City prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Project or the Improvements, or whether City has insurance or other indemnification covering any of these matters. 15.3 Developer's obligation to indemnify, hold harmless and defend City will extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Project, and the Improvements required herein, and will likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by Developer's design or construction of public drainage systems, streets, and other public facilities or Improvements. The City's acceptance of the Improvements will not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City will not be responsible or liable for the design or construction of the Project or the Improvements constructed or installed pursuant to the approved Improvements Plans or the Parcel Map. After City's acceptance of the Improvements, Developer will remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Developer will not be responsible for routine maintenance. Developer's obligations under this Section 15 will remain in effect for ten (10) years following acceptance of the Improvements by the City Council. Developer acknowledges and agrees that Developer will be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City will not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Developer's improvement security will not be required to secure Developer's obligations under this Section 15 beyond the one-year guarantee and warranty period. If, in any judicial proceedings involving statutory immunity under the Government Claims Act (Government Code Sections 810, et seq.) asserted by City, or its officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 15, then such rights or obligations of indemnity hereunder will be governed by principles of comparative fault. This Section 15 will survive the early termination of this Agreement. 16. Insurance. Developer will, before the release of said Parcel Map by City for recordation, obtain and maintain in full force and effect during the term of this Agreement the following insurance policies: 16.1 General i_iabiRy. Developer shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property REV: 09-22-2022 SK ATTY/AGR 2022.358/Noventi Qoz Properties LLC (Page 8 of 22)