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g. Applicant shall provide a substitute certificate of insurance no later than thirty (30) <br /> days prior to the policy expiration date. Failure by the Applicant to provide such a substitution and <br /> extend the policy expiration date shall be considered a default by Applicant and may subject the <br /> Applicant to a Stop Work Notice until the Applicant has cured the default. <br /> h. Applicant shall provide insurance that is primary as respects the City, its officers, <br /> employees and volunteers. <br /> i. Maintenance of insurance by the Applicant as specified in this Agreement shall in no <br /> way be interpreted as relieving the Applicant of any responsibility whatever and the Applicant may <br /> carry, at its own expense, such additional insurance as it deems necessary. <br /> j. The insurer shall agree to waive all rights of subrogation against the City, its officers, <br /> officials, employees, and volunteers for losses arising from work performed by the Applicant. <br /> k. The insurer shall provide the amount of self-insured retention and City shall have the <br /> right to deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. <br /> 12. Streets. Use of any or all streets and improvements provided by Paragraph 2 shall, at all <br /> times prior to the final acceptance of said project by the City, be at the sole and exclusive risk of <br /> Applicant. [Sentence intentionally omitted]. <br /> 13. Street Lights. [Paragraph intentionally omitted]. <br /> 14. Attorneys' Fees. The prevailing party in any action or suit for the enforcement of rights <br /> under this Agreement, shall be entitled to payment of its reasonable attorneys' fees as may be fixed by <br /> the court on account thereof. <br /> 15. Notices. All notices herein required shall be in writing and shall be delivered in person <br /> or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as <br /> follows: <br /> City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Notices required to be given to Applicant shall be addressed as follows: <br /> Dr. Raquib Khan and Ms. Samia Ara <br /> 5611 Stonecliff Vista Lane <br /> Pleasanton, CA 94566 <br /> IMPROVEMENT AGREEMENT CITY OF PLEASANTON,CALIFORNIA <br /> 5611 Stonecliff Vista Lane <br /> Page 5 of 7 <br />