02 - Laserfiche WebLink

acceptance by City, or the deposit with City by Developer, of any of the insurance policies descnbed in this Agreement (b) Developer's obligation to indemnify the Indemnitees shall not be limited or impaired by any of the following (i) any amendment or modification of any City Document; (u) any extensions of time for performance required by any City Document; (iii) any provision in any of the City Documents limiting City's recourse to property securing the Secured Obligations (as defined in the Deed of Trust), or limiting the personal liability of Developer, or any other party for payment of all or any part of the Loan, (iv) the accuracy or inaccuracy of any representation and warranty made by Developer under this Agreement or by Developer or any other party under any City Document, (v) the release of Developer or any other person, by City or by operation of law, from performance of any obligation under any City Document, (vi) the release or substitution in whole or in part of any secunty for repayment of the Loan, and (vii) City's failure to properly perfect any lien or security interest given as security for repayment of the Loan (c) The obligations of Developer to indemnify the Indemnitees shall survive any repayment or discharge of the indebtedness evidenced by the Note, any foreclosure proceeding, any foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the lien of the Deed of Trust 11.3 Liability, Workers Compensation, and Property Insurance (a) Developer (and until issuance of the final certificate of occupancy or equivalent for the Project all contractors working on behalf of Developer on the Project) shall maintain a commercial general liability policy in the amount of Two Million Dollars ($2,000,000) each occurrence, Two Million Dollars ($2,000,000) annual aggregate, together with Three Million Dollars ($3,000,000) excess liability coverage, or such other policy limits as City may require in its reasonable discretion, including coverage for bodily injury, property damage, products, completed operations and contractual liability coverage; provided however, the coverage requirements for subcontractors shall be One Million Dollars ($1,000,000) Such policy or policies shall be wntten on an occurrence basis and shall name the Indemnitees as additional insureds. (b) Developer(if it owns any vehicles) and until issuance of the final certificate of occupancy or equivalent for the Project, all contractors working on behalf of Developer on the Project shall maintain a comprehensive automobile liability coverage in the amount of Two Million Dollars ($2,000,000), combined single limit including coverage for owned and non-owned vehicles. Automobile liability policies shall name the Indemnitees as additional insureds. (c) Developer shall furnish to City evidence satisfactory to City that Developer (if it has any employees) and any contractor with whom Developer has contracted for the performance of work on the Property or otherwise pursuant to this Agreement, carries statutory Workers' Compensation insurance and Employer's Liability insurance in a minimum OAK 04822-6539-6013 v5 34