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7.A. - Page 162 <br /> Initials of Authorized <br /> Developer Representative <br /> 4.11.4 THE RESPONSIBILITY OF COMPLIANCE WITH THE <br /> CALIFORNIA LABOR CODE DURING THE CONSTRUCTION OF THE PRO7ECT RESTS <br /> WITH THE DEVELOPER. THE DEVELOPER SHALL INDEMNIFY THE CITY, <br /> PURSUANT TO SECTION 7.6, AGAINST ANY CLAIMS PURSUANT TO LABOR CODE <br /> SECTION 1781 ARISING FROM THIS AGREEMENT OR THE CONSTRUCTION OR <br /> 1NSTALLATION OF ALL OR ANY PORTION OF THE PROJECT. THE OBLIGATION OF <br /> DEVELOPER UNDER THIS SECTION 4.11. SHALL BE LIMITED TO ACTUAL OUT-OF- <br /> POCKET EXPENSES SUFFERED OR 1NCURRED BY CITY PARTIES AND SHALL NOT <br /> 1NCLUDE ANY CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS. <br /> NOTWITHSTANDING ANYTHING TO THE CONTRARY 1N THIS AGREEMENT, THE <br /> DEVELOPER SHALL NOT BE REQUIRED TO INDEMNIFY THE CITY PARTIES FOR <br /> THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF ANY CITY PARTY. <br /> 4.12 Insurance. The Developer, to protect the City Parties against any and all claims <br /> and liability for death, injury, loss and damage resulting from the Developer's actions in <br /> connection with this Agreement, the Site and the Project, shall, at the Developer's sole cost and <br /> expense, until issuance of a Certificate of Completion for the Project, maintain the following <br /> insurance (or its then reasonably available equivalent): (a) Liability Insurance; (b) Builder's <br /> Risk Insurance; and (c) Worker's Compensation Insurance. Additionally, the Developer, to <br /> protect the City Parties, shall cause its contractors and subcontractors, at their sole cost and <br /> expense, until issuance of a Certificate of Completion for the Project, to maintain Contractor's <br /> Insurance. <br /> 4.12.1 Stabilitv of Insurance Carriers. Contractor's Insurance policies shall <br /> be issued by carriers that maintain an A. M Best rating not less than "A-,VIP'. <br /> 4.12.2 Policv Requirements and Endorsements. All insurance policies this <br /> Agreement requires shall contain (by endorsement or otherwise) the following provisions: <br /> (a) Deliveries to the City. Prior to the commencement of any Due <br /> Diligence Investigations, and no later than twenty (20) days before any insurance required by <br /> this Agreement expires, is cancelled or its liability limits are reduced or exhausted, the Developer <br /> shall deliver to the City certificates of insurance and required endorsements evidencing the <br /> Developer's maintenance of all insurance this Agreement requires. Each insurance carrier shall <br /> give the City no less than thirty (30) calendar days' advance written Notice of any cancellation <br /> under any insurance policy required by this Agreement <br /> (b) Release. The Parties release each other, and their respective <br /> authorized representatives, from any claims for damage to any Person or property that are caused <br /> by or result from risks insured against under such insurance policies. <br /> 82483.00009\7571312.11 34 <br /> ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM <br /> REV: 07-19-13 PT <br />