PONDEROSA HOMES II REIMBURSEMENT

h. No Waiver. Maintenance of insurance as specified in this Agreement shall in no way be interpreted as relieving the Developer, Designer, design professionals, or the General Contractor of any responsibility whatever and the Developer, Designer, or the General Contractor may carry, at its own expense, such additional insurance as it deems necessary. i. Self-insured retention. 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 a reasonable deduction. 7. Notices. All notices herein required shall be in writing and shall be delivered in person, by facsimile, or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager City of Pleasanton 123 Main Street Pleasanton, CA 94566 Facsimile: 925-931-5482 Notices required to be given to the Developer shall be addressed as follows: Ponderosa Homes II, Inc. 6671 Owens Drive Pleasanton, CA 94588-3398 Attn: Pamela J. Hardy Facsimile: (925) 460-8981 15. Binding on Successors. This Agreement shall bind and inure to the parties hereto, including heirs, assigns, executors, administrators, and all other parties whether they succeed by operation of law or voluntary acts of the Developer. 16. Amendments. Any amendments to this Agreement must be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and the year first above written. CITY OF PLEASANTON By~. Deborah Acosta McKeehan City Manager DEVELOPER Ponderosa Homes II, Inc.