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b. The release of improvement security as defined in Section 66499 of the Government Code, where the assessment contract has filed surety bonds for said improvements. 9. Defects. Subdivider shall be liable for defects in workmanship and materials on all of the above described improvements for a period of one (1) year after acceptance and, as security for liability against such defects, Subdivider shall file improvement or maintenance security with the City Clerk, of a type approved by the City Attorney, in the amount of ten (10) percent of the total estimated cost set forth above. 10. Workers' Compensation. Before commencing work under this contract, Subdivider shall take out and maintain during the course of this Agreement, such worker's compensation insurance as required by the laws of the State of California. If the acting General Contractor is not the Subdivider, then the General Contractor will provide the City with said certificate of worker's compensation insurance prior to start of construction. On failing to do so, the City may procure such insurance for the Subdivider and the Subdivider shall pay the cost. 11. Hold Harmless Agreement. Subdivider hereby agrees to and shall hold City, its elective and appointive Boards, Commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims from property damage which may arise from Subdivider's contractors', subcontractors', agents', or employees' operation under this Agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by any one or more persons directly employed by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and shall, defend City and its elective and appointive Boards, Commissions, officers, agents and employees from any suits or actions at law or equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. In addition to the above: a. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, of any of the insurance policies described herein. b. That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans or specifications for the commercial development, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. Offsite Public Improvement Agreement for items to be constructed with Tract 7407 Project: Tract 7407, Bordeaux Property;Vineyard Avenue, APN 946 135001503 Page 4 of 8