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6.1. B. - Page 12 <br />caused by the gross negligence or willful misconduct of the City or its agents or <br />employees. <br />B. Owner's obligations under this Section 4 are not conditioned or dependent <br />upon the City, or its officers, agents and employees, whether the City prepared, <br />supplied or reviewed any Improvement Plans or related specifications in connection with <br />the Subdivision or the Improvements, or whether the City has insurance or other <br />indemnification covering any of these matters. <br />C. Owner's obligation to indemnify, hold harmless and defend the City shall <br />extend to injuries to persons and damages to or alleged taking of property resulting from <br />the design or construction of the Subdivision, and the Improvements required herein, <br />and shall likewise extend to adjacent property owners asserting claims based upon the <br />diversion of waters caused by the Subdivider's design or construction of public drainage <br />systems, streets, and other public facilities or improvements. The City's acceptance of <br />the Improvements shall not constitute an assumption by the City of any responsibility or <br />liability for any damage or alleged taking of property referenced herein. City shall not be <br />responsible or liable for the design or construction of the Subdivision or the <br />Improvements constructed or installed pursuant to the approved Improvements Plans or <br />the Final Map, unless the particular Improvement design was required by the City over <br />the Written Objection of the Owner, which objection stated that the Improvement design <br />was potentially dangerous or defective and set forth an alternative design. After City's <br />acceptance of the Improvements, the Owner shall remain obligated to correct or <br />eliminate all dangerous conditions created by defects in design or construction; <br />provided, however, that the Owner shall not be responsible for routine maintenance. <br />Owner's obligations hereunder shall remain in effect for ten (10) years following <br />ATTY /AGR/2012.014 /SUBDIVISION (IMPROVEMENT AGREEMENT 333 MAIN STREET <br />REV:VR 01/30/12 <br />Page 7 of 14 <br />