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Attorney, in the amount of ten(10)percent of the total estimated cost set forth above for a period of one (1) year after City Council acceptance. 10. Workers' Compensation. Before commencing work under this contract, Subdivider shall take out and maintain during the course of this Agreement, such worker's compensation insurance as required by the laws of the State of California. If the Acting General Contractor is not the Subdivider,then the General Contractor will provide the City with said certificate of worker's compensation insurance prior to start of construction. 11. Hold Harmless Agreement. Subdivider hereby agrees to and shall indemnify, defend and hold harmless the City, its elective and appointive officials, Commissions, officers, agents, and employees (collectively the "indemnities"), harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims from property damage which may arise, or allege to arise, from Subdivider's, Subdivider's contractors', subcontractors', agents', or employees' operation under this Agreement in performance of the work on the site. In addition to the above: A. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, of any of the insurance policies described herein. B. That the aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the work referred to in this Agreement, regardless of whether or not City has prepared, supplied or approved of,plans or specifications for the work, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12. Insurance. Subdivider further agrees to fulfill the following: A. Provide a Certificate of Insurance issued to the City of Pleasanton from its insurance carrier providing proof of Workers' Compensation as required by California law and Policy Number. If the General Contractor is not the Subdivider, then the General Contractor will also provide the City with the said Certificate of Workers' Compensation Insurance prior to start of work. B. Provide a Certificate of Insurance from its insurance carrier showing the amount of General Liability and Property Damage coverage with Insurance coverage of at least the following amounts: GENERAL LIABILITY General Bodily Injury of$2,000,000 Per Occurrence General Property Damage of$1,000,000 Per Occurrence, Subdivision Agreement Tract 7968 by Kontech USA,Inc. Page 4 of 7