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Agreement, and City will not be liable for any acts or omissions in approving,
<br />reviewing, checking, correcting or modifying any Improvement Plans or related
<br />specifications, or in inspecting, reviewing or approving any work or construction of
<br />Improvements. The Developer's improvement security will not be required to
<br />secure Developer's obligations under this Section 18 beyond the one-year
<br />guarantee and warranty period. If, in any judicial proceedings involving statutory
<br />immunity under the Government Claims Act (Government Code Sections 810, et
<br />seq.) asserted by City, or its officers, agents or employees, is determined by a
<br />court of competent jurisdiction to be inapplicable or unavailable to immunize City,
<br />or its officers, agents or employees, from potential liability for any alleged acts or
<br />omissions under this Section 18, then such rights or obligations of indemnity
<br />hereunder will be governed by principles of comparative fault. This Section 18 will
<br />survive the early termination of this Agreement.
<br />19. Insurance. Developer will, before the release of said Parcel Map by City for
<br />recordation, obtain and maintain in full force and effect during the term of this Agreement
<br />the following insurance policies:
<br />19.1 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 or
<br />equivalent to provide that City and its officers, officials, employees, and agents
<br />shall be additional insureds under such policies. For construction contracts, an
<br />endorsement providing completed operations to the additional insured, ISO form
<br />CG 20 37 or equivalent, is also required.
<br />19.2 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 />19.3 Auto Liability. Developer shall provide auto liability coverage for
<br />owned, non -owned, and hired autos using ISO Business Auto Coverage form CA
<br />00 01, or the exact equivalent, with a limit of no less than One Million Dollars
<br />($1,000,000) per accident. If Developer owns no vehicles, this requirement may
<br />be met through a non -owned auto endorsement to the CGL policy.
<br />REV: 04-12-2023 SK
<br />ATTY/AGR.2023 70/SI XX, LLC (Broadway Plaza SIA) (Page 11 of 32)
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