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upon ten (10) business days notice from the City's Finance Director, a written list of all
<br /> Affiliates of the Developer which own or control the ownership of land located within the
<br /> CFD, or which have options on land within the CFD, indicating the parcels of land by
<br /> County Assessor's Parcel number of all such land so owned or optioned.
<br /> H. Compliance With Applicable Law. The Developer accepts responsibility for
<br /> and shall be responsible for identification of and compliance with all applicable laws
<br /> pertaining to the construction and installation of the Facilities and the contract or
<br /> contracts pertaining thereto, including but not limited to such applicable laws as may be
<br /> contained in the California Labor Code, the California Public Contract Code, and the
<br /> California Government Code. The Developer will neither seek to hold or hold the City
<br /> liable for, and will hold the City harmless with respect to, any consequences of any
<br /> failure by the Developer to correctly determine the applicability of any such requirements
<br /> to any contract it enters into. This paragraph shall apply with respect to any enforcement
<br /> action, whether public or private, and whether brought by a public enforcement agency or
<br /> by private civil litigation, against the Developer, the City or the CFD, or any of them,
<br /> with respect to the matters addressed by this paragraph. The provisions of this Section
<br /> 8.02H. shall survive and continue after the termination of this Acquisition Agreement.
<br /> Section 8.03. Defense, Indemnification and Hold Harmless. The Developer hereby
<br /> agrees to indemnify, defend, and hold harmless the City, and the City's directors, officers,
<br /> agents, employees and consultants from and against any and all liability, claims, demands,
<br /> causes of action, actions, damages, losses, fees, costs, or expenses, of whatever type or nature,
<br /> including all costs of defense and attorneys' fees, caused in whole or in part, or claimed to be
<br /> caused in whole or in part, by any act or omission of the Developer, any contractor, any
<br /> subcontractor, any supplier or materialman or any of their respective directors, officers, agents,
<br /> employees, managers, members, or owners except only those claims and causes of action caused
<br /> by the sole active negligence or intentional misconduct of the City or its agents, employees or
<br /> consultants. This indemnification shall extend to all claims, demands, causes of action, actions,
<br /> or liability occurring after completion of the project as well as during the progress of the Work.
<br /> The Developer further agrees to indemnify, defend, and hold harmless the City and its
<br /> directors, officers, agents, employees, and consultants from and against any and all liability,
<br /> claims, causes of action, actions, losses, fees, costs, expenses, or damages, of whatever type or
<br /> nature, including all costs of defense and attorneys' fees, as a result of the failure of or claimed
<br /> failure of the Developer or any contractor or subcontractor to strictly comply with any of the
<br /> obligations under this contract. This indemnity shall expressly include claims by the City for
<br /> any injury, damages, losses, costs, fees or expenses arising from or related to the failure of the
<br /> Developer or any of its contractors, subcontractors, materialmen, or suppliers to strictly comply
<br /> with all terms of this contract or as a result of any improper workmanship or defective supplies
<br /> or materials.
<br /> The Developer's indemnity obligations as contained in this section shall remain in full
<br /> force and effect and shall apply whether or not the claim, cause of action, damage, cost, fee, or
<br /> expense is covered by any applicable insurance policy and regardless of any position that may be
<br /> taken by any insurance company regarding a defense or coverage for any claim or cause of
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