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09B
City of Pleasanton
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2018
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020618
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09B
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1/31/2018 5:22:20 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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ARTICLE X <br />INDEMNITY AND INSURANCE <br />10.1 Indemnity. Developer shall indemnify, defend (with counsel approved by City) <br />and hold the Indemnitees harmless from and against any and all Claims (including without <br />limitation, Claims arising from any injury, death, illness, property damage, or Toss of property) <br />arising directly or indirectly, in whole or in part, as a result of or in connection with the <br />development, construction, improvement, operation, ownership or maintenance of the Project or <br />the Property, or any part thereof by Developer or Developer's contractors, subcontractors, <br />agents, employees or any other party acting for or on behalf of Developer, or otherwise arising <br />out of or in connection with Developer's performance or failure to perform under this <br />Agreement, including without limitation, Claims arising or alleged to have arisen in connection <br />with any violation of Applicable Laws in connection with the development, operation or <br />management of the Project, or relating to approval of the Project or approval of this Agreement. <br />Developer's indemnification obligations under this Section 10.1 shall not extend to Claims to the <br />extent arising from the gross negligence or willful misconduct of Indemnitees. The provisions of <br />this Section 10.1 shall survive the expiration or earlier termination of this Agreement. It is <br />further agreed that City does not and shall not waive any rights against Developer that it may <br />have by reason of this indemnity and hold harmless agreement because of the acceptance by <br />City, or the deposit with City by Developer, of any of the insurance policies described in this <br />Agreement. <br />10.2 Liability, Workers Compensation, and Property Insurance. <br />(a) Developer (and until issuance of the final certificate of occupancy or <br />equivalent for the Project all contractors working on behalf of Developer on the Project) shall <br />maintain a commercial general liability policy including coverage for bodily injury, property <br />damage, products, completed operations and contractual liability coverage with coverage limits <br />in the greater of: (a) the amounts required by the construction and permanent lenders for the <br />Project, or (b) One Million Dollars ($1,000,000) each occurrence, One Million Dollars <br />($1,000,000) annual aggregate, together with Two Million Dollars ($2,000,000) excess liability <br />coverage. Such policy or policies shall be written on an occurrence basis and shall name the <br />Indemnitees as additional insureds. <br />(b) Developer (and until issuance of the final certificate of occupancy or <br />equivalent for the Project all contractors working on behalf of Developer on the Project) shall <br />maintain a comprehensive automobile liability coverage in the amount of One Million Dollars <br />($1,000,000), combined single limit including coverage for owned and non -owned vehicles. <br />Automobile liability policies shall name the Indemnitees as additional insureds. <br />(c) Developer (and if the Property has been transferred to an Approved <br />Partnership, the general partners thereof) shall furnish or cause to be furnished to City evidence <br />satisfactory to City that Developer (and if the Property has been transferred to an Approved <br />Partnership, the general partners thereof), and any contractor with whom Developer (or an <br />Approved Partnership) has contracted for the performance of work on the Property or otherwise <br />OAK #4845-1087-0362 v5 <br />38 <br />
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