SUMMERHILL SYCAMORE MASS GRADING AGREEMENT TRACT 7193

satisfactory to the City Attorney, concurrently with the submittal of this Agreement. g. Developer shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date. Failure by the Developer to provide such a substitution and extend the policy expiration date shall be considered a default by Developer and may subject the Developer to a Stop Work Notice until the Developer has cured the default. h. Developer shall provide insurance that is primary as respects the City, its officers, employees and volunteers. i. Maintenance of insurance by the Developer as specified in this Agreement shall in no way be interpreted as relieving the Developer of any responsibility whatever and the Developer may carry, at its own expense, such additional insurance as it deems necessary. j. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the Developer. k. The insurer shall provide the amount of self-insured retention and City shall have the right to deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. 12. Attorne 'sy Fees. In the event any action or suit for the enforcement of any of rights under this Agreement is filed, the prevailing party shall be entitled to reasonable attorney's fee as may be fixed by the court. 13. Notices. All notices herein required shall be in writing and shall be delivered in person or sent by first class mail.. Notices required to be given to City shall be addressed as follows: City Manager City of Pleasanton P.O. BOX 520 Pleasanton, CA 94566 Notices required to be given to Developer shall be addressed as follows: SummerHill Homes LLC 777 California Avenue Palo Alto, CA 94304 Attn: General Counsel SUBDIVISION AGREEMENT -Mass Grading Agreement Tract 7381, Busch/Ponderosa Property Page 5 of 6