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substitution and extend the policy expiration date shall be <br />considered a default by Subdivider and may subject the Subdivider <br />to a Stop Work Notice until the Subdivider has cured the default. <br />h. Subdivider shall provide insurance that is primary as <br />respects the Agency, its officers, employees and volunteers. <br />i. Maintenance of insurance by the Subdivider as specified in <br />this Agreement shall in no way be interpreted as relieving the <br />Subdivider of any responsibility whatever and the Subdivider may <br />carry, at its own expense, such additional insurance as it deems <br />necessary. <br />j. The insurer shall agree to waive all rights of subrogation <br />against the Agency, its officers, officials, employees, and <br />volunteers for losses arising from work performed by the <br />Subdivider. <br />k. The insurer shall provide the amount of self-insured <br />retention and City shall have the right to deny insurance coverage <br />if it deems the self-insured retention exceeds reasonable deduction. <br />13. Streets. Use of any or all streets and improvements provided by Paragraph <br />3 shall, at all times prior to the final acceptance of said tract by the City, be at the sole <br />and exclusive risk of Subdivider. Issuance of any Occupancy Permits by City for a <br />dwelling within the tract, at any state of development, shall not be construed to be an <br />acceptance of improvements, or a final acceptance of said tract. <br />14. Street Lights. City shall, before or after acceptance of improvements, give <br />a "turn-on" order to the power company for only those street lights that City deems <br />necessary to protect the public. Subdivider may at his sole expense provide street <br />lighting not deemed necessary by the City, by arranging for the power company to hold <br />the City harmless from the cost thereof, and by paying the actual power cost for said <br />street lighting so ordered. Subdivider shall give notice to the City three (3) weeks prior <br />to the proposed occupancy of any dwelling unit(s). <br />15. Attorney's Fees. In the event City shall install and prevail in any action or <br />suit for the enforcement of any of its rights under this Agreement, Subdivider shall pay to <br />City a reasonable attorney's fee as may be fixed by the court on account thereof. <br />Offsite Public Improvement Agreement for items to be constructed with future Tract <br />Project: Tentative Map -Tract 7381, Busch Road/Mohr Avenue <br />Page 7 of 9 <br />