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c. All insurance companies affording coverage to Developer, or Developer's <br /> General Contractor, shall be required to add the City of Pleasanton as an "additional insured" <br /> under the insurance policy for all work performed in accordance with this Agreement. <br /> d. All insurance companies affording coverage to Developer, or Developer's <br /> General Contractor, shall be insurance organizations authorized by the Insurance Commissioner <br /> of the State Department of Insurance to transact business of insurance in the State of California <br /> with a Best's rating of not less than A:VII. <br /> e. All insurance companies affording coverage shall provide thirty-day (30) written <br /> notice to the City should the policy be canceled before the expiration date. For the purposes of <br /> this notice requirement, any material change in the policy prior to the expiration shall be <br /> considered a cancellation. <br /> f. Developer, or Developer's General Contractor, shall provide evidence of <br /> compliance with the insurance requirements listed above by providing a certificate of insurance, <br /> in a form satisfactory to the City Attorney. <br /> g. Developer, or Developer's General Contractor, shall provide insurance that is <br /> primary as respects the City, its officers, agents and employees. <br /> h. Maintenance of insurance by Developer, or Developer's General Contractor, as <br /> specified in this Agreement shall in no way be interpreted as relieving Developer, or Developer's <br /> General Contractor, of any responsibility whatever and Developer, or Developer's General <br /> Contractor, may carry, at its own expense, such additional insurance as it deems necessary. <br /> i. The insurer shall agree to waive all rights of subrogation against the City, its <br /> officers, officials, employees, and volunteers for losses arising from work performed by <br /> Developer, or Developer's General Contractor. <br /> 10. Attorney's Fees. In the event City shall file and prevail in any action or suit for the <br /> enforcement of any of its rights under this Agreement, Developer shall pay to City a reasonable <br /> attorney's fee as may be fixed by the court on account thereof. <br /> 11. Notices. All notices herein required shall be in writing and shall be delivered in <br /> person or sent by first class mail. Notices required to be given shall be addressed as follows: <br /> City Manager Stoneridge Chrysler Jeep Dodge <br /> City of Pleasanton 4100 Stevens Creek Blvd. <br /> P.O. Box 520 San Jose, CA 95129 <br /> Pleasanton, CA 94566 Attn: Mathew Zaheri <br /> Provided that any party may change such address by notice in writing to the other party and <br /> thereafter notices shall be addressed and transmitted to the new address. <br /> Off-Site Improvement Agreement Parcel 2 of Parcel Map 10257-Staples Ranch <br /> Page 5 of 7 <br />