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9. Defects. Subdivider shall be <br />workmanship and materials on all o: <br />improvements for a period of one (1) year <br />security for liability against such defec~ <br />improvement or maintenance security with <br />approved by the City Attorney, in the amou <br />the total estimated cost set forth above. <br />liable for defects in <br />the above described <br />after acceptance and, as <br />s, Subdivider shall file <br />:he City Clerk, of a type <br />7t of ten (10) percent of <br />10. Worker's Compensation. Before commencing work under this <br />contract, Subdivider shall take out and maintain during the course <br />of this Agreement, such worker's compensation insurance as required <br />by the laws of the State of California. If the Acting General <br />Contractor is not the Subdivider, then the General Contractor will <br />provide the City with said certificate of worker's compensation <br />insurance prior to start of construction. On failing to do so, the <br />City may procure such insurance for the Subdivider and the <br />Subdivider shall pay the cost. <br />11. Hold Harmless Agreement. Subdivider hereby agrees to and <br />shall hold City, its elective and appointive Boards, Commissions, <br />officers, agents, and employees, harmless from any liability for <br />damage or claims for damage for personal injury, including death, <br />as well as from claims from property damage which may arise from <br />Subdivider's contractors' subcontractors', agents', or employees' <br />operation under this Agreement, whether such operations be by <br />Subdivider or by any of Subdivider's contractors, subcontractors, <br />or by any one or more persons directly employed by, or acting as <br />agent for, Subdivider or any of Subdivider's contractors or <br />subcontractors. Subdivider agrees to, and shall, defend City and <br />its elective and appointive Boards, Commissions, officers, agents <br />and employees from any suits or actions at law or equity for <br />damages caused, or alleged to have been caused, by reason of any of <br />the aforesaid operations. In addition to the above. <br />a. That City does not, .and shall not, waive any rights <br />against Subdivider which it may have by reason of the <br />aforesaid hold-harmless agreement, because of the <br />acceptance by City, or the deposit with City by <br />Subdivider, of any of the insurance policies described <br />herein. <br />b. That the aforesaid hold-harmless agreement by <br />Subdivider shall apply to all damages and claims for <br />damages of every kind suffered, or alleged to have been <br />suffered, by reason of any of the aforesaid operations <br />referred to in this paragraph, regardless of whether or <br />not City has prepared, supplied or approved of, plans <br />or 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 />- 4 - <br />