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under the insurance policy by endorsement for all work performed in accordance with this Agreement, excluding workers' compensation insurance. The specific coverage obligations set forth in this Section 12 are minimums only, and the Subdivider shall have the obligation to provide the minimum coverages stated in this Agreement or such greater or broader coverage, if available in the Subdivider's policies. D. All insurance companies affording coverage to the Subdivider shall 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:VII. 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, unless otherwise approved by the City Engineer. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. F. Subdivider 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. Subdivider shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the Subdivider to provide such a substitution and extend the policy expiration date shall be considered a default by Subdivider and may subject the Subdivider to a Stop Work Notice until the Subdivider has cured the default. H. Subdivider shall provide insurance that is primary as respects the City, its officers, employees, officials and agents. I. Maintenance of insurance by the Subdivider as specified in this Agreement shall in no way be interpreted as relieving the Subdivider of any responsibility whatever and the Subdivider 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 Subdivider. K. The insurer shall provide the amount of self-insured retention and City shall have the right to disapprove insurance coverage if it deems the self-insured retention exceeds reasonable deduction. 13. Attorney's Fees. In the event that either party shall file and prevail in any action or suit for the enforcement of any of its rights under this Agreement, the non -prevailing party shall pay to the prevailing party reasonable attorney's fees and costs as may be fixed by the court on account thereof. Subdivision Agreement Tract 8326 by KN St. John LP Page 5 of 6