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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. 14.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. 15.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 Meritage Homes of California, Inc. City of Pleasanton 860 Stillwater Road, #200A P.O. Box 520 West Sacramento, CA 95605 Pleasanton, CA 94566 Attn: John Barnhart 16.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 Subdivider 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 Subdivider. Subdivision Agreement Tract 8245—Meritage of California,Inc. Page 7 of 8