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j. The insurer shall agree to waive all rights of subrogation <br />against the City, its officers, officials, employees, and volunteers for losses <br />arising from work performed by the Developer. <br />k. The insurer shall provide the amount of self-insured <br />retention and City shall have the right to deny insurance coverage if it <br />deems the self-insured retention exceeds reasonable deduction. <br />13. Attorney's Fees. In the event City shall file and prevail in any action or suit for <br />the enforcement of any of its rights under this Agreement, Developer shall pay to City a <br />reasonable attorney's fee as may be fixed by the court on account thereof. <br />14. Notices. All notices herein required shall be in writing and shall be delivered in <br />person or sent by first class mail.. Notices required to be given to City shall be addressed as <br />follows: <br />City Manager <br />City of Pleasanton <br />P.O. BOX 520 <br />Pleasanton, CA 9456b <br />Notices required to be given to Developer shall be addressed as follows: <br />Ponderosa Homes II, Inc. <br />6671 Owens Drive <br />Pleasanton, CA 94588 <br />Attention: Jeffrey C. Schroeder, Vice President <br />Phone: 925-460-8910 <br />Fax: 925-734-9141 <br />Notices required to be given surety shall be addressed as follows: <br />CNA SURETY <br />405 HnWARl7 STRFF.T, ~iiTTF. FiOO <br />SAN FRANCISCO, CA 94105 <br />Provided that any party or the surety may change such address by notice in writing to the other <br />party and thereafter notices shall be addressed and transmitted to the new address. <br />SUBDIVISION AGREEMENT -Mass Grading Agreement <br />Tract 7381, Busch/Ponderosa Property <br />Page 6 of 7 <br />