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SECTION 1781. THE DEVELOPER ACKNOWLEDGES THE PROTECTIONS OF CIVIL <br /> CODE SECTION 1542 RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN <br /> THIS SECTION 4.11, WHICH READS AS FOLLOWS: <br /> A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br /> WHICH THE CREDTfOR DOES NOT KNOW OR SUSPECT <br /> TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br /> EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM <br /> OR HER MUST HA.VE MATERIALLY AFFECTED HIS OR <br /> HER SET"TLEMENT WITH THE DEBTOR. <br /> 4.11.3 BY INITIALING BELOW, Ti-iE DEVELOPER KNOWINGLY AND <br /> VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN <br /> CONNECTION WITH THE WAIVER RELEASES OF THIS SECTION 4.1 l: <br /> 't' ls of Authorized <br /> v oper Representative <br /> 4.11.4 THE RESPONSIBILITY OF COMPLIANCE WITH THE <br /> CALIFORNIA LABOR CODE DURING THE CONSTRUCTION OF THE PROJECT RESTS <br /> WTTH 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 /> INSTALLATION 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 INCURRED BY CITY PARTIES AND SHALL NOT <br /> INCLUDE ANY CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS. <br /> NOTWTTHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE <br /> DEVELOPER SHALL NOT BE REQUIRED TO INDEMNIFY THE C1TY 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 Stability of Insurance Carriers. Contractor's Insurance polices shall be <br /> issued by carriers that maintain an A. M. Best rating not less than"A-,VII". <br /> 4.12.2 Policy Reqnirements and Endorsements. All insurance policies this <br /> Agreement requires shall contain(by endorsement or otherwise)the following provisions: <br /> 34 <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-26-13 PT <br />