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16.3 Developer's obligation to indemnify, hold harmless and defend City
<br />will extend to injuries to persons and damages to or alleged taking of property
<br />resulting from the design or construction of the Project, and the Improvements
<br />required herein, and will likewise extend to adjacent property owners asserting
<br />claims based upon the diversion of waters caused by Developer's design or
<br />construction of public drainage systems, streets, and other public facilities or
<br />Improvements. City will not be responsible or liable for the design or construction
<br />of the Project or the Improvements constructed or installed pursuant to the
<br />approved Improvements Plans. Developer acknowledges and agrees that
<br />Developer will be responsible and liable for the design and construction of the
<br />Improvements and other work done pursuant to this Agreement, and City will not
<br />be liable for any acts or omissions in approving, reviewing, checking, correcting or
<br />modifying any Improvement Plans or related specifications, or in inspecting,
<br />reviewing or approving any work or construction of Improvements. . 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 16 will survive the early termination or expiration
<br />of this Agreement.
<br />17. Insurance. Developer will, before the issuance of encroachment permit,
<br />obtain and maintain in full force and effect during the term of this Agreement the following
<br />insurance policies:
<br />17.1 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 />17.2 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 />REV: 09-23-22 JB
<br />ATTY/AGR.2022.359/PBA Il, LLC (242 Walnut Street) (Page 6 of 15)
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