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(b) Providing that Developer's insurance will apply separately to each <br />insured against whom claim is made or suit is brought, except with respect <br />to the limits of the insurer's liability (cross liability endorsements); <br />(c) Naming City, its Council, commissions, boards, committees, officers, <br />employees and agents as additional insureds; and <br />(d) Providing that Developer's insurance will be primary insurance <br />relating to Contractor's work hereunder with respect to City, its Council, <br />commissions, boards, committees, officers, employees and Agents, and <br />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 />REV: 10-02-24 VR <br />ATTY/AGR 2024 178/Redwood Crossing LLC (557 E Bayshore IA) (Page 11 of 24) <br />