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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 />17.8 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 />18. Compliance with Laws. Developer will comply with all federal, state and <br />local laws, ordinances and regulations in the performance of this Agreement. Developer <br />will, at its own cost and expense, obtain all necessary permits and licenses for the Work, <br />give all necessary notices, pay all fees and taxes required by law and make any and all <br />deposits legally required by those public utilities that will serve the residential <br />development on the Property. Copies and/or proof of payment of said permits, licenses, <br />notices, fee and tax payments and deposits will be furnished to the City Engineer upon <br />request. <br />19. 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 />20. Payments. Developer agrees that it will pay, when due, all those furnishing <br />labor or materials in connection with the Work. <br />21. Notice of Breach and Default. The occurrence of any of the following <br />constitutes a breach and default of this Agreement: <br />21.1 Developer refuses or fails to complete the Work within the time set <br />forth herein or abandons the Work. <br />21.2 Developer assigns the Agreement without the prior written consent <br />of City. <br />REV: 09-23-22 A <br />ATTY/AGR.2022.359/PBA II, LLC (242 Walnut Street) (Page 8 of 15) <br />