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10. Workers' Compensation. Before commencing work under this contract, <br />Subdivider shall take out and maintain during the course of this Agreement, such <br />worker's compensation insurance as required by the laws of the State of California. If the <br />acting General Contractor is not the Subdivider, then the General Contractor will provide <br />the City with said certificate of worker's compensation insurance prior to start of <br />construction. On failing to do so, the City may procure such insurance for the Subdivider <br />and the Subdivider shall pay the cost. <br />11. Hold Harmless Agreement. Subdivider 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 />Subdivider's contractors', subcontractors', agents', or employees' operation under this <br />Agreement, vuhether such operations be by Subdivider or by any of Subdivider's <br />contractors, subcontractors, or by any one or more persons directly employed by, or <br />acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. <br />Subdivider 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 in 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 against <br />Subdivider which it may have by reason of the aforesaid hold- <br />harmless agreement, because of the acceptance by City, or the <br />deposit with City by Subdivider, of any of the insurance policies <br />described herein. <br />b. That the aforesaid hold-harmless agreement by Subdivider shall <br />apply to all damages and claims for damages of every kind <br />suffered, or alleged to have been suffered, by reason of any of the <br />aforesaid operations referred to in this paragraph, regardless of <br />whether or not City has prepared, supplied or approved of, plans or <br />specifications for the subdivision, or regardless of whether or not <br />such insurance policies shall have been determined to be <br />applicable to any of such damages or claims for damages. <br />wav~v~~ivw AI,KC;~MN;1V 1 <br />"1'RAC I NO. 7255. <br />Pagc 4 or 8 <br />