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required by law. Developer also agrees that before its prime contractors commence work on the
<br />Project Site, such contractors shall furnish the Agency and the City proof of insurance coverage
<br />naming such public agency, its officers, members, agents and employees as co-insureds, under a
<br />policy or policies of insurance containing coverage of such risks and in such amounts as are
<br />standard for public works contracts of the nature and scope to be constructed on the Project Site.
<br />All insurance required to be carried or maintained hereunder by Developer may be provided as
<br />part of a blanket or umbrella coverage policy or policies carried by Developer or by a member of
<br />the limited liability company constituting Developer.
<br />
<br /> In addition to the insurance requirements of this Section 506, Developer shall assume and
<br />be responsible for, and shall defend, indemnify and save harmless, the Indemnitees from and
<br />against any and all claims, demands, liability, loss or costs, including reasonable attorneys' fees
<br />and court costs, for injuries to, or the death of, any person or persons, or damages to property,
<br />including property of the Agency and/or the City, which may arise out of or in any manner be
<br />connected with Developer's performance of the work to be performed by Developer pursuant to
<br />this Agreement, except such as may arise from the negligence or willful misconduct of the
<br />Agency and/or the City, or their officers, members, agents or employees.
<br />
<br /> The Agency and the City shall be obligated, jointly and severally, to defend, indemnify
<br />and save harmless Developer and its officers, employees, partners, members, shareholders,
<br />agents, attorneys and owners against any claims or litigation brought by third parties and directly
<br />arising from the negligence or willful misconduct of the Agency and/or the City or its agents
<br />which may arise out of or in any manner be connected with the performance by the Agency
<br />and/or the City of their duties under this Agreement.
<br />
<br /> §507 Rights of Access
<br />
<br /> For the purpose of assuring compliance with this Agreement, representatives of the
<br />Agency shall have the right of access to and over the Project Site, without charges or fees, at
<br />normal construction hours during the period of construction for the purposes of this Agreement,
<br />including, but not limited to, the inspection of the work being performed in constructing the
<br />improvements, so long as such representatives comply with all safety rules. Developer will not
<br />be responsible in any manner whatsoever for any liabilities arising from the negligence, or
<br />willful misconduct, of the Agency or any of its agents, servants, employees and contractors in
<br />connection with the exercise of the right of access granted hereunder.
<br />
<br /> §508 Local, State and Federal Laws
<br />
<br /> Developer shall carry out the construction of the improvements in conformity with all
<br />applicable laws, including the Prevailing Wage Policy of the Agency set forth in its Resolution
<br />No. RDA 88-07, which policy Developer agrees is applicable to the Project.
<br />
<br /> §509 Anti-Discrimination During Construction
<br />
<br /> Developer, for itself and its successors and assigns, agrees that in the construction of the
<br />improvements provided for in this Agreement, Developer will not discriminate against any
<br />employee or applicant for employment because of race, color, creed, religion, age, sex, sexual
<br />preference, marital status, handicap, national origin or ancestry.
<br />
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<br />DOCSSF1:648942.4
<br />9975-5 C14
<br />120502
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