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or employees' operation under this Agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by any one or more persons directly employed by, or acting as agent for, Subdivider or any of SLlbdivider's contractors or subcontractors. Subdivider agrees to, and shall, defend City and its elective and appointive Boards, Commissions, offcers, agents and employees from any suits or actions at law or equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. In addition to the above: a. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of tl~e acceptance by City, or the deposit with City by Subdivider, of any of the insurance policies described herein. b, That the aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans or specifications for the commercial development, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. Subdivider further agrees to fulfill the following: a. Provide a Certificate of Insurance issued to the City of Pleasanton, Attn: Administrative Analyst, from the insurance carrier providing proof of Workers' Compensation and Policy Number. Except if the acting General Contractor is not the Subdivider, then the General Contractor will provide the City with the said Certificate of Workers' Compensation Insurance prior to start of construction. The duration of this insurance shall include the one-year maintenance period. b. Provide a Certificate of Insurance from the insurance carrier showing the amount of General Liability and Property Damage coverage with Insurance coverage of at least the following amounts: GENERAL LIABILITY General Bodily Injury $1,000,000 Per Occurrence General Property Damage $1,000,000 Per Occurrence, AUTOMOBILE LIABILITY Bodily Injury $1,000,000 Per Person $1,000,000 Per Occurrence Deferred Improvement Agreement for items to be constructed with Tract 7407 1'rojcct: Tract 7407, Bordeaux Properly; Vineyard Avenue, APN 946 135001503 Page 4 of ! 3