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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 <br />and shall hold City, its elective and appointive Boards, <br />Commissions, officers, agents, and employees, harmless from any <br />liability for damage or claims for damage for personal injury, <br />including death, as well as from claims from property damage which <br />may arise from Subdivider's contractors', subcontractors', agents', <br />or employees' operation under this Agreement, whether such <br />operations be by Subdivider or by any of Subdivider's contractors, <br />subcontractors, or by any one or more persons directly employed by, <br />or acting as agent for, Subdivider or any of Subdivider's <br />contractors or subcontractors. Subdivider agrees to, and shall, <br />defend City and its elective and appointive Boards, Commissions, <br />officers, agents and employees from any suits or actions at law or <br />equity for damages caused, or alleged to have been caused, by <br />reason of any of the aforesaid operations. In addition to the <br />above: <br />a. That City does not, and shall not, waive any rights <br />against Subdivider which it may have by reason of <br />the aforesaid hold-harmless agreement, because of <br />the acceptance by City, or the deposit with City by <br />Subdivider, of any of the insurance policies <br />described herein. <br />b. That the aforesaid hold-harmless agreement by <br />Subdivider shall apply to all damages and claims <br />for damages of every kind suffered, or alleged to <br />have been suffered, by reason of any of the <br />aforesaid operations referred to in this paragraph, <br />regardless of whether or not City has prepared, <br />supplied or approved of, plans or specifications <br />for the subdivision, or regardless of whether or <br />not such insurance policies shall have been <br />determined to be applicable to any of such damages <br />or claims for damages. <br />12. Insurance. Subdivider further agrees to fulfill the <br />following: <br />a. Provide a Certificate of Insurance issued to the <br />City of Pleasanton from his insurance carrier <br />providing proof of Workers' Compensation and Policy <br />Number. Except if the Acting General Contractor is <br />not the Subdivider, then the General Contractor <br />will provide the City with the said Certificate of <br />Workers' Compensation Insurance prior to start of <br />- 3 - <br />