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SUBDIVISION IMPROVEMENT AGREEMENT TRACT No 8676 Page 5 of 7 purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. f. Subdivider shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the City Attorney, concurrently with the submittal of this Agreement. g. Subdivider shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the Subdivider to provide such a substitution and extend the policy expiration date shall be considered a default by Subdivider and may subject the Subdivider to a Stop Work Notice until the Subdivider has cured the default. h. Subdivider shall provide insurance that is primary as respects the City, its officers, employees and volunteers. i. Maintenance of insurance by the Subdivider as specified in this Agreement shall in no way be interpreted as relieving the Subdivider of any responsibility whatever and the Subdivider may carry, at its own expense, such additional insurance as it deems necessary. j. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the Subdivider. k. The insurer shall provide the amount of self-insured retention and City shall have the right to deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. 12. Streets. Use of any or all streets and improvements provided by Paragraph 2 shall, at all times prior to the final acceptance of said Tract by the City, be at the sole and exclusive risk of Subdivider. Issuance of any Occupancy Permits by City for a dwelling within the tract, at any state of development, shall not be construed to be an acceptance of improvements, or a final acceptance of said tract. 13. Street Lights. City shall, before or after acceptance of improvements, give a "turn-on" order to the power company for only those street lights that City deems necessary. Subdivider may at the Subdivider’s sole expense provide street lighting not deemed necessary by the City, by arranging for the power company to hold the City harmless from the cost thereof, and by paying the actual power cost for said street lighting so ordered. Subdivider shall give notice to the City three (3) weeks prior to the proposed occupancy of any dwelling unit(s). 14. Attorneys’ Fees. The prevailing party in any action or suit for the enforcement of rights under this Agreement, shall be entitled to payment of its reasonable attorneys’ fees as may be fixed by the court on account thereof. 15. Notices. All notices herein required shall be in writing and shall be delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager City of Pleasanton P.O. Box 520 Page 167 of 682