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expenses, and damages, of whatever type or nature, from any cause arising out of or resulting <br /> from or in connection with the performance of any of the work, excepting only those claims and <br /> causes of action caused solely and exclusively by the active negligence or intentional misconduct <br /> of the City or its agents or representatives. This exclusive responsibility shall extend to all <br /> liability, claims, causes of action, demands, losses, costs, fees, and expenses, of whatever type or <br /> nature, after completion of the work as well as during the progress of the work. The Developer <br /> shall be solely liable and responsible for the proper handling and disposal of all hazardous or <br /> toxic materials used or applied in conjunction with any of the work. <br /> Section 4.07. Preservation of Property. The Developer and all contractors and <br /> subcontractors selected by the Developer to perform any of the work on any Facilities shall be <br /> solely liable and responsible for avoiding injury or damage or interfering with the construction or <br /> operation of any and all existing improvements or facilities, all utility facilities, all personal and <br /> real property whether owned by any public agency or private party, and any and all trees, shrubs, <br /> landscaping and habitat that are not to be removed as part of the work. The Developer and all <br /> contractors and subcontractors selected by the Developer to perform the work shall be solely <br /> liable and responsible for any and all damage and injury to any real or personal or property of any <br /> person or entity both during and after performance of the work. <br /> It shall be the sole responsibility of the Developer to ensure that any contractor or <br /> subcontractor performing any of the work properly shores up, braces, underpins, and protects all <br /> foundations, structures, or improvements adjacent to or adjoining the site of any of the work <br /> which will be in any way affected by the excavations or any of the work. <br /> Section 4.08. Observing Laws and Ordinances. The Developer shall keep itself fully <br /> informed of all existing and future laws, ordinances, and regulations which in any manner affect <br /> those engaged or employed to perform any of the work or providing any materials or supplies or <br /> which in any way affect the conduct of the work and of all statutes, laws, rules, regulations, <br /> orders, decisions, and decrees of any court or governmental agency (including the City) having <br /> any jurisdiction or authority over all or any of the work or the conduct of the work, including all <br /> federal, state and local safety rules, regulations, and orders. The Developer shall ensure that all <br /> work performed by any contractors or subcontractors fully complies with any and all federal, <br /> state, and local rules, regulations, and orders. It is understood that the City will not be <br /> performing any of the construction work and it will be the sole responsibility of Developer to <br /> ensure that all work is performed in strict accordance with all federal, state, and local laws, rules, <br /> regulations, and orders and in accordance with the requirements of all safety orders and <br /> regulations. <br /> Section 4.09. Liability for Worker's Safety. The Developer shall be solely responsible <br /> p Y p <br /> for insuring the safety of all workers performing any work on any Facilities. The City shall not <br /> have any liability whatsoever for the safety of any workers performing any work on any <br /> Facilities. <br /> Section 4.10. [Reserved] <br /> - 1 0- <br />