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D. All insurance companies affording coverage to the Ownershall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California with a Best's rating of not less than A:V II. E. All insurance companies affording coverage shall provide thirty-day(30)written notice to the City should the policy be canceled before the expiration date. For the purposes of this notice requirement,any material change in the policy prior to the expiration shall be considered a cancellation. F. Owner shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the City Attorney,concurrently with the submittal of this Agreement. G. Owner shall provide a substitute certificate of insurance no later than thirty(30)days prior to the policy expiration date. Failure by the Owner to provide such a substitution and extend the policy expiration date shall be considered a default by Owner and may subject the Owner to a Stop Work Notice until the Owner has cured the default. H. Owner shall provide insurance that is primary as respects the City, its officers,employees, officials and agents. I. Maintenance of insurance by the Owner as specified in this Agreement shall in no way be interpreted as relieving the Owner of any responsibility whatever and the Owner 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, officials and agents for losses arising from work performed by the Owner. 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. 14. Notices. All notices herein required shall be in writing and shall be delivered in person or sent by certified mail,postage prepaid. 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 Owner shall be addressed as follows: Roselyn Estates LL Attn: Lynn Jansen PO Box 417 Diablo,CA 94528 Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 15. Binding on Land and Successors. All covenants,promises and agreements contained in this Agreement shall pertain to and do hereby expressly run with the land controlled by Owner and described herein. 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 Owner. 16. Applicable Law. This Agreement shall be subject to the laws of California and any action to enforce the terms of this Agreement shall be filed in the Alameda County Superior Court. Improvement Agreement—Tract 8139 Page 4 of 5