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6.1.1. - Page 13
<br /> (c) Naming City, its Council, commissio:ns, boards, �
<br /> committees, officers, employees and agents as additional insureds; and
<br /> {d) Providing that Developer's insurance shall be p:rimary
<br /> insu�cance xelating to Contractor's work hereunder with respect to City, its
<br /> Council, commissions, boards, committees, officers, employees and
<br /> Agents, and further providing that any insurance or self-insurance
<br /> maintained by City for itself, its Council, commissions, boards,
<br /> commi�tees, of�cers, employees and agents s�all not be e�cess of
<br /> Cantractor's insurance and shall not be contributory with. it. Such
<br /> insurance sh.all also specifcally insura any contractual liability assumed
<br /> by Developer under #he tenns of �his Agreement, including, but not
<br /> limited to, the pravisions of subsection (a}above.
<br /> 18. In the event that Developer's insurance is cancelled,Developer shall provide replace�ent
<br /> coveraga or all vaart� m�st cease as of the canceiIation date until replacement insurance coverage is
<br /> provided.
<br /> 19. Workers' Compensation Insurance. Developar shall p;rovide, or cause to be provided,
<br /> Workers' Compensat�on insuranc0 as required by Iaw, anc� shall cause its contractors and thair
<br /> subcontractors, agents and representatives to also maintain�Norkers' Compensation insurance as required
<br /> by law. No Work shall commance untii such Warkers' Compensation i�surance is abtained and it� full
<br /> force and effect.
<br /> 20. Compliance r�vith Laws. Developer shall co�nply with all federal, state and local 1aws,
<br /> " ordi�ancas a�d regulatians in the perFo�7nance of this Agreement. Deveioper sha11, at its own cost and
<br /> expense, obtain all necessary permits and licensas for the Work, give all necessary notices, pay all fees
<br /> and taxes required by law and make any and all deposits legally required by those public utilitiss that will
<br /> serve the residential development on the Property. Copies and/or proof of payment af said permits,
<br /> licenses,notices,fee and tax payments and deposits shall be fi.�t�nished to the City Engineer upon request.
<br /> 2J. Encraachment Permits. Developec shall obtain,at its sole cast and expense, any
<br /> encraachment permits required by City, including a Canstruction Permit,in order to perform the VVork.
<br /> 22. Pa,�. Developer agrees that it will pay, when due, all those furnishing labor or
<br /> materials in connection wi�h the Work, Developer further ag�•ees that the Paymant Security provided by
<br /> Developer in accordance with Section 12.1 of this Agresment sha11 nat be released if any mechanics liens
<br /> or stop notices are outstanding, unless said liens are released by bond in co�pliance with Cieil Code
<br /> sectian 3143:
<br /> 23. Natice of Breach and Default. The occurrence af any of t�e following constitutes a
<br /> breac�and default of this Agreement:
<br /> (1) Developer refuses or fails to co�nplete the Work within the time set forth herein
<br /> ar abaz�dons the Work,
<br /> (2) Developer assigns the Ag�•eement without the prior w�ritten consent of Ciiy. '
<br /> (3} Deveioper is adjudged banlc��upt or makes a general assi�unent for tha bene�t of
<br /> creditars,or a receiver is appointed in the event of Developer's insolvency.
<br /> A'ETYlAGRl2092.055/SUBdIVISION EMPROVEfVIENTAGREEIVIENT 209 MARSHALL
<br /> REV:06-05-12 VR
<br /> Page S of 16
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