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9. Defects. Subdivider shall be liable for defects in <br />workmanship and materials on all of the above described <br />improvements for a period of one (1) year after acceptance and as <br />security for liability against such defects, Subdivider shall <br />file improvement or maintenance security with the City Clerk, of <br />a type approved by the City Attorney, in the amount of 10% of the <br />total estimated cost set forth above. <br /> <br /> 10.. Worker~s Compensation. Before commencing work under <br />this contract, Subdivider shall take out and maintain during the <br />course of this agreement, such worker~s compensation insurance as <br />required by the laws of the State of California. If the Acting <br />General Contractor is not the Subdivider, then the General <br />Contractor will provide the City with the said certificate of <br />workerrs compensation insurance prior to start of construction. <br />On failing to do so, the City may procure such insurance for the <br />Subdivider and the Subdivider shall pay the cost. <br /> <br /> 11. Hold Harmless Agreement. Subdivider hereby agrees to, <br />and shall hold City, its elective and appointive Boards, <br />Commissions, officers, agents, and employees, harmless from any <br />liability for damage or claims for damage for personal injury, <br />including death, as well as from claims from property damage <br />which may arise from Subdividerts contractorst, subcontractorst, <br />agentst or employeest operation under this agreement, whether <br />such operations be by Subdivider or by any of Subdivider~s <br />contractors, subcontractors, or by any one or more persons <br />directly employed by, or acting as agent for, Subdivider or any <br />of Subdivider~s contractors or subcontractors. Subdivider agrees <br />to, and shall, defend City and its elective and appointive <br />Boards, Commissions, officers, agents and employees from any <br />suits or actions at law or equity for damages caused, or alleged <br />to have been caused, by reason of any of the aforesaid <br />operations. In addition to the above. <br /> <br /> a. That City does not, and shall not, waive any rights <br /> against Subdivider which it may have by reason of <br /> the aforesaid hold-harmless agreement, because of <br /> the acceptance by City, or the deposit with City by <br /> Subdivider, of any of the insurance policies <br /> described herein. <br /> <br /> b. That the aforesaid hold-harmless agreement by <br /> Subdivider shall apply to all damages and claims <br /> for damages of every kind suffered, or alleged to <br /> have been suffered, by reason of any of the <br /> aforesaid operations referred to in this paragraph, <br /> regardless of whether or not City has prepared, <br /> supplied or approved of, plans or specifications <br /> for the subdivision, or regardless of whether or <br /> not such insurance policies shall have been <br /> determined to be applicable to any of such damages <br /> or claims for damages. <br /> <br /> - 4 - <br /> <br /> <br />