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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 15 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.) ("Claims Act") asserted by City, or its officers, agents or employees, the
<br />Claims Act is determined by a court of competent jurisdiction to be inapplicable or
<br />unavailable to immunize City, or its officers, agents or employees, from potential
<br />liability for any alleged acts or omissions under this Section 15, then such rights or
<br />obligations of indemnity hereunder will be governed by principles of comparative
<br />fault. This Section 15 will survive the termination or expiration of this Agreement.
<br />16. 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 />16.1 General Liability. Developer shall maintain commercial general liability
<br />insurance with coverage at least as broad as Insurance Services Office form CG
<br />00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence,
<br />Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal
<br />injury, and property damage, including without limitation, blanket contractual
<br />liability and coverage for explosion, collapse and underground property damage
<br />hazards. Developer's general liability policies shall be primary and non-
<br />contributory, and be endorsed using Insurance Services Office form CG 20 10 to
<br />provide that City and its officers, officials, employees, and agents shall be
<br />additional insureds under such policies. For construction contracts, an
<br />endorsement providing completed operations to the additional insured, ISO form
<br />CG 20 37, is also required.
<br />16.2 Workers' Compensation. Developer shall maintain Workers' Compensation
<br />Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at
<br />least One Million Dollars ($1,000,000). Developer shall submit to City, along with
<br />the certificate of insurance, a Waiver of Subrogation endorsement in favor of City,
<br />its officers, agents, employees, and volunteers.
<br />16.3 Arta Liability. Developer shall provide auto liability coverage for owned,
<br />non -owned, and hired autos using ISO Business Auto Coverage form CA 00 01,
<br />or the exact equivalent, with a limit of no less than One Million Dollars ($1,000,000)
<br />per accident. If Developer owns no vehicles, this requirement may be met through
<br />a non -owned auto endorsement to the CGL policy.
<br />16.4 Builder's Risk Insurance. Upon commencement of construction and with
<br />approval of City, Developer shall obtain and maintain Builder's Risk/Course of
<br />Construction insurance. Policy shall be provided for replacement value on an "all-
<br />risk" basis. The City shall be named as Loss Payee on the policy and there shall
<br />REV: 05-13-25 VR
<br />ATTY/AGR.2025.064/Stanford Health Care (2950 Bay Rd. LMA) (Page 9 of 24)
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