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5. Related Contracts and Proceedings. Any prior contracts between City and Developer and <br /> any prior approvals by Boards, Commissions or Council of City shall not be affected by the <br /> provisions of this Agreement unless specific modification is set forth herein. <br /> 6. Hold Harmless Agreement. Developer hereby agrees to and shall indemnify, defend and <br /> hold harmless the City,its elective and appointive officials,Boards,Commissions,officers, <br /> agents, and employees,harmless from any liability for damage or claims for damage for <br /> personal injury, including death, as well as from claims from property damage which may <br /> arise,or allege to arise, from Developer's,Developer's contractors', subcontractors', agents', <br /> or employees'operation under this Agreement in performance of the mass grading or related <br /> work on the site. In addition to the above: <br /> A. That City does not,and shall not, waive any rights against Developer which it may have <br /> by reason of the aforesaid hold-harmless agreement,because of the acceptance by City, <br /> or the deposit with City by Developer, of any of the insurance policies described herein. <br /> B. That the aforesaid hold-harmless agreement by Developer shall apply to all damages and <br /> claims for damages of every kind suffered,or alleged to have been suffered,by reason of <br /> any of the project related work referred to in this Agreement,regardless of whether or not <br /> City has prepared, supplied or approved of,plans or specifications for the mass grading <br /> or related work, or regardless of whether or not such insurance policies shall have been <br /> determined to be applicable to any of such damages or claims for damages. <br /> 7. Insurance. Developer further agrees to fulfill the following: <br /> A. Provide a Certificate of Insurance issued to the City of Pleasanton from its insurance <br /> carrier providing proof of Workers'Compensation as required by California law and <br /> Policy Number. If the General Contractor is not the Developer,then the General <br /> Contractor will also provide the City with the said Certificate of Workers'Compensation <br /> Insurance prior to start of mass grading. <br /> B. Provide a Certificate of Insurance from its insurance carrier showing the amount of <br /> General Liability and Property Damage coverage with Insurance coverage of at least the <br /> following amounts: <br /> GENERAL LIABILITY <br /> General Bodily Injury of$2,000,000 Per Occurrence <br /> General Property Damage of$1,000,000 Per Occurrence, <br /> AUTOMOBILE LIABILITY <br /> Bodily Injury of$1,000,000 <br /> Per Person/$1,000,000 Per Occurrence <br /> Property Damage of$ 1,000,000 Per Occurrence or <br /> Combined Single Limit on Bodily Injury and <br /> Property Damage Liability of$1,000,000. <br /> Early Grading Agreement-Tract 7721 Page 4 of 7 <br />