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<br />• <br />In the event of any breach by Developer, City may take over <br />the work and prosecute the same to completion by any method the <br />City deems advisable. <br />7. D.fP Pc't. Developer shall be liable for defects in <br />workmanship and materials on all of the Improvements for a period <br />of one year after acceptance. <br />$. wor r~~ ComzPnsai'ion. Before commencing work under <br />this Agreement, Developer (or Developer's general contractor) <br />shall take out and maintain during the course of this Agreement <br />such worker's compensation insurance as required by the laws of <br />the State of California. On failing to do so, the City may <br />procure such insurance and the Developer shall pay the cost. <br />9. Hold H rml S~ AgrPPmPnt - DPVPIone_r. To the extent of <br />the insurance coverage provided herein (which excludes any self <br />insured retention of Developer), and except for the gross <br />negligence or willful misconduct of City, Developer shall hold <br />City, its elective and appointive Boards, Commissions, officers, <br />agents, and employees, harmless from any liability for damage or <br />claims for damage for personal injury, including death, as well <br />as from claims from property damage which may arise from <br />Developer's contractors', subcontractors', agents', or employees' <br />operation under this Agreement, whether such operations be by <br />Developer or by any of Developer's contractors, subcontractors, <br />or by any one or more persons directly employed by, or acting as <br />agent for, Developer or any of Developer's contractors but only <br />to the extent of any insurance proceeds awarded to Developer. <br />Developer shall defend City and its elective and appointive <br />Boards, Commissions, officers, agents and employees from any <br />suits or actions at law or equity for damages caused, or alleged <br />to have been caused, by reason of any of the aforesaid operations <br />but only to the extent of any insurance proceeds awarded to <br />Developer. In addition to the above: <br />A. That City does not, and <br />against Developer which <br />aforesaid hold-harmless <br />acceptance by City, or <br />Developer of any of the <br />herein. <br />shall not, waive any rights <br />it may have by reason of the <br />agreement, because of the <br />she deposit with City by <br />insurance policies described <br />B. That the aforesaid hold-harmless agreement by Developer <br />shall apply to all damages and claims for damages of <br />every kind suffered, or alleged to have been suffered, <br />by reason of any of the aforesaid operations referred <br />to in this paragraph, regardless of whether or not City <br />has prepared, supplied or approved of, plans or <br />specifications for the subdivision, or regardless of <br />whether or not such insurance policies shall have been <br />determined to be applicable to any of such damages or <br />claims for damages. <br />3 <br />