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d. All insurance companies affording coverage to the Developer <br /> shall be insurance organizations authorized by the Insurance Commissioner <br /> of the State Department of Insurance to transact business of insurance in the <br /> State of California with a Best's rating of not less than A:VIT <br /> e. Developer shall provide thirty-day(30)written notice to the <br /> City of Pleasanton should the policy be canceled before the expiration date. <br /> For the purposes of this notice requirement, any material change in the policy <br /> prior to the expiration shall be considered a cancellation. <br /> f. Developer shall provide evidence of compliance with the <br /> insurance requirements listed above by providing a certificate of insurance, in <br /> a form satisfactory to the City Attorney, concurrently with the submittal of <br /> this Agreement. <br /> g. Developer shall provide a substitute certificate of insurance no <br /> later than thirty(30)days prior to the policy expiration date. Failure by the <br /> Developer to provide such a substitution and extend the policy expiration <br /> date shall be considered a default by Developer and may subject the <br /> Developer to a Stop Work Notice until the Developer has cured the default. <br /> h. Developer shall provide insurance that is primary as respects <br /> the Agency, its officers, employees and volunteers. <br /> i. Maintenance of insurance by the Developer as specified in this <br /> Agreement shall in no way be interpreted as relieving the Developer of any <br /> responsibility whatever and the Developer may carry, at its own expense, <br /> such additional insurance as it deems necessary. <br /> j. The insurer shall agree to waive all rights of subrogation <br /> against the Agency, its officers, officials,employees, and volunteers for <br /> losses arising from work performed by the Developer. <br /> k. With regard to the above insurance requirements the City <br /> grants approval for developer to self insure and/or carry high retention <br /> without restriction. <br /> 13. Contractor and Subcontractor Indemnification and Insurance. Developer agrees to <br /> require all contractors and subcontractors or other parties hired for this project to hold harmless, <br /> defend and indemnify the City, its elective and appointive board and commissions, officers, agents, <br /> and employees from any liabilities or claims for damages for personal injury, including death, as <br /> well as from claims from property damage which may arise from their activities or operation related <br /> to this project. Developer agrees to require all contractors and subcontractors or other parties hired <br /> for this project to provide the same insurance as required of the Developer as stated in section 12 of <br /> this Agreement. <br /> Public Improvement Agreement(One of Two) 3/2/2016 <br /> xottinger Garden by MidPen Housing Corporation <br /> Page 6 of 8 <br />