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4. Related Contracts and Proceedings. Any prior contracts between City and Developer and any prior approvals by Boards, Commissions or Council of City shall not be affected by the provisions of this Agreement unless specific modification is set forth herein. 5. Hold Harmless Agreement. Developer hereby agrees to and shall indemnify, defend and hold harmless the City, its elective and appointive officials, 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, or allege to arise, from Developer's, Developer's contractors', subcontractors', agents', or employees' operation under this Agreement in performance of the mass grading or related work on the Site. In addition to the above: A. That City does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described herein. B. That the aforesaid hold-harmless agreement by Developer 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 project related work referred to in this Agreement, regardless of whether or not City has prepared, supplied or approved of,plans or specifications for the mass grading or related work, 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. 6. Insurance. Developer further agrees to fulfill the following: A. Provide a Certificate of Insurance issued to the City of Pleasanton from its insurance carrier providing proof of Workers' Compensation as required by California law and Policy Number. If the General Contractor is not the Developer, then the General Contractor will also provide the City with the said Certificate of Workers' Compensation Insurance prior to start of mass grading. B. Provide a Certificate of Insurance from its insurance carrier showing the amount of General Liability and Property Damage coverage with Insurance coverage of at least the following amounts, and the specific coverage obligations set forth in this Subsection B are minimums only, and the Developer shall have the obligation to provide the minimum coverages stated in this Agreement or such greater or broader coverage if applicable to Developer's policies: GENERAL LIABILITY General Bodily Injury of$2,000,000 Per Occurrence General Property Damage of$1,000,000 Per Occurrence, AUTOMOBILE LIABILITY Bodily Injury of$1,000,000 Per Person/ $1,000,000 Per Occurrence Property Damage of$ 1,000,000 Per Occurrence or Early Grading Agreement—536&550 St.John Street-Tract 8326 Page 3 of 6