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7.1.F. - Page 14 <br /> (d) Providing that Developer's insurance shall be primary insurance <br /> relating to Contractor's work hereunder with respect to City, its Council, <br /> commissions, boards, committees, officers, employees and Agents, and further <br /> providing that any insurance or self-insurance maintained by City for itself, its <br /> Council, commissions, boards, committees, officers, employees and agents shall <br /> not be excess of Contractor's insurance and shall not be contributory with it. Such <br /> insurance shall also specifically insure any contractual liability assumed by <br /> Developer under the terms of this Agreement, including, but not limited to, the <br /> provisions of subsection(a)above. <br /> 18.4 In the event that Developer's insurance is cancelled, Developer shall provide <br /> replacement coverage or all work must cease as of the cancellation date until replacement <br /> insurance coverage is provided. <br /> 19. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, <br /> Workers' Compensation insurance as required by law, and shall cause its contractors and their <br /> subcontractors, agents and representatives to also maintain Workers'Compensation insurance as required <br /> by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full <br /> force and effect. <br /> 20. Compliance with Laws. Developer shall comply with all federal, state and local laws, <br /> ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and <br /> expense, obtain all necessary permits and licenses 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 utilities that will <br /> serve the residential development on the Property. Copies and/or proof of payment of said permits, <br /> licenses,notices,fee and tax payments and deposits shall be furnished to the City Engineer upon request. <br /> 21. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any <br /> encroachment permits required by City in order to perform the Work. <br /> 22. Payments. Developer agrees that it will pay, when due, all those furnishing labor or <br /> materials in connection with the Work. Developer further agrees that pursuant to Government Code <br /> section 66499.7, the Payment Security provided by Developer in accordance with Section 13.1 of this <br /> Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens <br /> are released by bond in compliance with Civil Code section 8424. <br /> 23. Notice of Breach and Default. The occurrence of any of the following constitutes a <br /> breach and default of this Agreement: <br /> (1) Developer refuses or fails to complete the Work within the time set forth herein <br /> or abandons the Work. <br /> (2) Developer assigns the Agreement without the prior written consent of City, <br /> which shall not be unreasonably withheld. <br /> (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of <br /> creditors,or a receiver is appointed in the event of Developer's insolvency. <br /> (4) Developer or Developer's contractors, subcontractors, agents or employees, fail <br /> to comply with any terms or conditions of this Agreement. <br /> REV:03-31-14 VR <br /> Page 9 of 21 <br /> ATTY/AGR.2014.045/Indigo 525 Middlefield - Improvement Agreement <br />