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official capacities (hereinafter collectively referred to as "Indemnitees"), and any of them, from <br />and against all loss, all risk of loss and all damage (including expense) sustained or incurred <br />because of or by reason of any and all claims, demands, suits, actions, judgments and executions <br />for damages of any and every kind and by whomever and whenever made or obtained, allegedly <br />caused by, arising out of or relating in any manner to the Residential Component of the Project, <br />Developer's performance or non-performance under this Agreement, or Affordable Developer's <br />performance or non-performance under this Agreement, and shall protect and defend <br />Indemnitees, and any of them with respect thereto, except to the extent arising from the gross <br />negligence or willful misconduct of the City. The provisions of this section shall survive <br />expiration or other termination of this Agreement or any release of part or all of the Residential <br />Site from the burdens of this Agreement, and the provisions of this section shall remain in full <br />force and effect. <br />Section 4.4 Insurance Requirements. <br />For the entire Term, both Developer or its successors or assigns and Affordable <br />Developer or its successors or assigns acquiring title to the Residential Site shall each obtain, at <br />their expense, comprehensive general liability insurance for the Development, naming the City <br />as an additional named insured with aggregate limits of not less than Five Million Dollars <br />($5,000,000), for bodily injury and death and property damage, including coverages for <br />contractual liability and products and completed operations, purchased by both Developer or its <br />successors or assigns and Affordable Developer or its successors or assigns from an insurance <br />company duly licensed to engage in the business of issuing such insurance in the State, with a <br />current Best's Key Rating A -VII or better; such insurance to be evidenced by an endorsement <br />which so provides and delivered to the City prior to the issuance of any building permit for any <br />portion the Development. <br />Section 4.5 Notices. <br />All notices required pursuant to this Agreement shall be in writing and may be given by <br />personal delivery or by registered or certified mail, return receipt requested, to the party to <br />receive such notices at the addresses set forth below: <br />TO THE CITY: <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attn: City Manager <br />and: Goldfarb and Lipman <br />1300 Clay Street, Floor 11 <br />Oakland, CA 94612 <br />Attn: Rafael Yaquian <br />14 <br />1199\10\3609857.1 <br />REV: 10-18-23 SK <br />