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• <br />11. Hold Harmless Agreement. Developer hereby agrees to and shall hold <br />City, its elective and appointive Boards, Commissions, officers, agents, and employees, <br />harmless from any liability for damage or claims for damage for personal injury, <br />including death, as well as from claims from property damage which may arise from <br />Developer's contractors', subcontractors', agents', or employees' operation under this <br />Agreement, whether such operations be by Developer or by any of Developer's <br />contractors, subcontractors, or by any one or more persons directly employed by, or <br />acting as agent for, Developer or any of Developer's contractors or subcontractors. <br />Developer agrees to, and shall, defend City and its elective and appointive Boards, <br />Commissions, officers, agents and employees from any suits or actions at law or equity <br />for damages caused, or alleged to have been caused, by reason of any of the aforesaid <br />operations. In addition to the above: <br />a. That City does not, and shall not, waive any rights <br />against Developer which it may have by reason of the aforesaid <br />hold-harmless agreement, because of the acceptance by City, or the <br />deposit with City by Developer, of any of the insurance policies <br />described herein. <br />b. That the aforesaid hold-harmless agreement by <br />Developer shall apply to all damages and claims for damages of <br />every kind suffered, or alleged to have been suffered, by reason of <br />any of the aforesaid operations referred to in this paragraph, <br />regardless of whether or not City has prepared, supplied or <br />approved of, plans or specifications for the commercial <br />development, or regardless of whether or not such insurance <br />policies shall have been determined to be applicable to any of such <br />damages or claims for damages. <br />12. Insurance. Developer further agrees to fulfill the following: <br />a. Provide a Certificate of Insurance issued to the City of <br />Pleasanton, Attn: Administrative Analyst, from the insurance <br />carrier providing proof of Workers' Compensation and Policy <br />Number. Except if the Acting General Contractor is not the <br />Developer, then the General Contractor will provide the City with <br />the said Certificate of Workers' Compensation Insurance prior to <br />start of construction. The duration of this insurance shall include <br />the one-year maintenance period. <br />Public Improvement Agreement 10/23/2002 <br />Auf der Maur/Rickenbach, PM 7885 <br />Page 5 of 9 <br />