MERITAGE HOMES OF CALIFORNIA (2)

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 Combined Single Limit on Bodily Injury and Property Damage Liability of$2,000,000. C. All insurance companies affording coverage to the Developer shall be required to add the City of Pleasanton as an"additional insured"under the insurance policy by endorsement for all work performed in accordance with this Agreement, excluding workers' compensation insurance. D. All insurance companies affording coverage to the Developer shall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California with a Best's rating of not less than A:VII. E. All insurance companies affording coverage shall provide thirty-day(30)written notice to the City should the policy be canceled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. F. Developer 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. Developer shall provide a substitute certificate of insurance no later than thirty(30) days prior to the policy expiration date. Failure by the Developer to provide such a substitution and extend the policy expiration date shall be considered a default by Developer and may subject the Developer to a Stop Work Notice until the Developer has cured the default. H. Developer shall provide insurance that is primary as respects the City, its officers, employees and volunteers. I. Maintenance of insurance by the Developer as specified in this Agreement shall in no way be interpreted as relieving the Developer of any responsibility whatever and the Developer may carry, at its own expense, such additional insurance as it deems necessary. Early Grading Agreement—Tract 8245-Irby Ranch Page 5 of 7