Laserfiche WebLink
City Draft <br /> 6128/13 <br /> Initials of Authorized <br /> Develaper Representative <br /> 4.11.4 THE RESPONSIBILITY OF COMPLIANCE WITH THE <br /> CALIFORNIA LABOR CODE DURING THE CONSTRUCTION OF THE PROJECT RESTS <br /> WITH THE DEVELOPER. THE DEVELOPER SHALL INDEMNIFY THE CTTY, <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 /> INSTALLATI4N 4F ALL OR ANY PORTION OF THE PROJECT. THE OBLIGATION OF <br /> DEVELOPER UNDER THIS SECTIDN 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 FROFITS. <br /> NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THI� AGREEMENT, THE <br /> DEVELOPER SHALL NOT BE REQUIRED TO INDEMNIFY THE CITY PARTIES FOR <br /> THE WILLFUL MISCQNDUCT OR GROSS NEGLIGENCE OF ANY CITY PARTY. <br /> 4.12 Insur�nce. The Developer, to protect tk�e City Parties against any and aZl claims <br /> and 1iai�ility for death, injury, loss and damage resulting fram the Developer's actions in <br /> connection with this Agreennent, the Site and the Project, shall, at the Deve�oper'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 avaiIable 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, shai� cause its contractors and subcontractors, at their sole cost and <br /> expense, until issuance of a Certificate of Completion for the Project, �o matntain Contractor's <br /> Insurance. <br /> 4.12.1 Stabilitv of Insurance Cairiers. Contractor's Insurance polices shall be <br /> issued by carriers that maintain an A.M. Best rating not Iess than "A-,V1I". <br /> 4.I2.2 Palicv Reauirements and Endorsements. Al.l insurance policies this <br /> Agreement requires shall contain(by endorsement or otherwise)the following provisions: <br /> (a} Deliveries to the City. Prior to the coz�unencement of any Due <br /> Diligence Investigations, and no later than twenty (20) days before any insuracice required by <br /> tlus Agreement expires, is cancelled or its liability limits are reduced or exha.usted,the Developer <br /> shall deliver to the City certificates of insurance and required endorsements evidencing the <br /> Developer's maintenance of all insurance this Agreexnent requires. Each ix�surance carrier sball <br /> give the City no less than thirty {30) calendar days' advance written Notice of any cancellation <br /> under any insurance po�icy required by this Agreement <br /> (b} Release. The Parties release each other, and their respective <br /> autl�orized representarives, from any clairns for damage to any Person or praperty that are caused <br /> by or resuZt from r�sks insured against under such insurance policies. <br /> 82483.00OD9175 7 1 3 1 2.10 34 <br />