Laserfiche WebLink
further providing that any insurance or self-insurance maintained by City for <br />itself, its Council, commissions, boards, committees, officers, employees <br />and agents will not be excess of Contractor's insurance and will not be <br />contributory with it. Such insurance will also specifically insure any <br />contractual liability assumed by Developer under the terms of this <br />Agreement, including, but not limited to, the provisions of subsection (a) <br />above. <br />16.8 In the event that Developer's insurance is cancelled, Developer will provide <br />replacement coverage or all work must cease as of the cancellation date until <br />replacement insurance coverage is provided. <br />17. 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 />18. Payments. Developer agrees that it will pay, when due, all those furnishing <br />labor or materials in connection with the Work. Developer further agrees that pursuant to <br />Government Code section 66499.7, the payment security provided by Developer in <br />accordance with Subsection 12.1 of this Agreement will not be released if any mechanics <br />liens or stop notices are outstanding, unless said liens are released by bond in compliance <br />with Civil Code section 8424. <br />19. Notice of Breach and Default. The occurrence of any of the following <br />constitutes a breach and default of this Agreement: <br />19.1 Developer refuses or fails to complete the Work within the time set forth <br />herein or abandons the Work. <br />19.2 Developer assigns the Agreement without the prior written consent of City. <br />19.3 Developer is adjudged bankrupt or makes a general assignment for the <br />benefit of creditors, or a receiver is appointed in the event of Developer's <br />insolvency. <br />19.4 Developer or Developer's contractors, subcontractors, agents or <br />employees, fail to comply with any terms or conditions of this Agreement. <br />19.5 Any delay in the construction of any portion of the Work or repairs, which in <br />the reasonable opinion of the City Engineer, endangers public or private property. <br />City may serve written notice of breach and default upon Developer and the financial <br />institution holding the securities. <br />20. Opportunity to Cure. If City gives Developer notice under Section 19 (Notice <br />of Breach and Default) of breach and default of this Agreement, Developer will have thirty <br />(30) days within which to correct, remedy or cure the default. If the written notification <br />REV: 10-25-24 VR <br />Page 11 of 23 <br />