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and completed operations using Insurance Services Office form CG 20 10 (or <br />equivalent) and form CG 20 37 (or equivalent) to provide that City and its officers, <br />officials, employees, and volunteers are additional insureds under such policy(s). <br />Any failure to comply with reporting provisions of the policies by Developer shall <br />not affect coverage provided the City. Coverage shall state that Developer <br />insurance shall apply separately to each insured against whom claim is made or suit <br />is brought, except with respect to the limits of the insurer's liability. Coverage shall <br />contain it waiver of subrogation in favor of the City. <br />Business Automobile Liability with coverage for owned, non -owned, and hired <br />autos using ISO Business Auto Coverage farm CA 00 01 (or equivalent) with a <br />limit of no less than two million dollars ($2,000,000) per accident. Developer's <br />automobile liability policy shall be primary and not seek contribution from the <br />City's coverage or contain an endorsement granting primary and non-contributory <br />coverage. <br />The limits of liability for commercial general liability and automobile liability may <br />be provided through a combination of primary and excess or umbrella liability <br />policies. <br />Developer shall maintain statutory Workers' Compensation Insurance and <br />Employer's Liability Insurance with limits of at least one million dollars <br />($1,000,000). Developer shall submit to City, along with the certificate of <br />insurance, a waiver of subrogation endorsement in favor of City, its officers, <br />officials, employees, and volunteers. Proof of Worker's Compensation is not <br />required if consultant provides written verification that they have no employees. <br />Developer's insurance shall be placed with insurers with a current A.M. Best rating <br />of no less than A-: V11 or a rating otherwise approved by the City in its sole <br />discretion. Developer shall furnish at City's request appropriate certificate(s) of <br />insurance, including all required endorsements, evidencing the coverage required <br />of Developer hereunder. The certificate of insurance shall contain a statement of <br />obligation on the part of each carrier to notify City of any material change, <br />cancellation or termination of the coverage at least thirty (30) days in advance of <br />the effective date of any such material change, cancellation or termination (or ten <br />(10) clays advance notice in the case of cancellation for nonpayment of premiums) <br />where the insurance carrier provides such notice to the Developer.., If such a <br />notification obligation is not available from the insurance carrier, the Developer <br />will notify the City in writing of any imminent cancellation, or material change in <br />coverage within three (3) business days. Liability coverage provided hereunder by <br />Developer shall be primary insurance and shall not be contributing with any <br />insurance, self-insurance or joint self-insurance maintained by City, and the <br />policies shall include such coverage or be endorsed to provide the coverage. <br />Section 12.2 Indemnification. To the fullest extent permitted by law, Developer shall <br />defend (with counsel reasonably acceptable to City), inclemnify, assume all responsibility for, and <br />hold harmless City Parties, from and against, any and all claims, causes of action, damages, <br />ATTY/AGR/2025.085 — 901 EL CAMINO REAL DA <br />REV: 08-01-25 VR <br />Page 40 of 48 <br />