BERNAL INVESTMENT OFFSITE IMPROVEMENT

• • e. All insurance companies affording coverage shall provide thirty-day (30) written notice to the City of Pleasanton 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. j. The insurer shall agree to waive all rights of subrogation against the City, its officers,. officials, employees, and volunteers for losses arising from. work performed by the Developer. k. The insurer shall provide the amount ofself-insured retention. and City shall. have the right to deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. 12. Streets. Use of any or all streets and improvements provided by Paragraph 2 shall, at all times prior to the final acceptance by the City, be at the sole and exclusive risk of Developer. OFFSITE IMPROVEMENT AGREEMENT Pagc 6 of 8