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improvement or maintenance security with the City Clerk, of a <br />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, Developer 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 Developer, then the General <br />Contractor will provide the City with the said certificate of <br />worker's compensation insurance prior to start of construction. <br />On failing to do so, the City may procure such insurance for the <br />Developer and the Developer shall pay the cost. <br /> <br /> 11. Hold Harmless Agreement. Developer 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 for property damage which <br />may arise from Developer's contractors', subcontractors', agents' <br />or employees' operation under this agreement, whether such <br />operations be by Developer or by any of Developer's contractors, <br />subcontractors, or by any one or more persons directly employed <br />by, or acting as agent for, Developer or any of Developer's <br />contractors or subcontractors. Developer agrees to, and shall, <br />defend City and its elective and appointive Boards, Commissions, <br />officers, agents and employees from any suits or actions at law <br />or equity for damages caused, or alleged to have been caused, by <br />reason of any of the aforesaid operations. In addition to the <br />above. <br /> <br /> a. That City does not, and shall not, waive any rights <br /> against Developer 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 /> Developer, of any of the insurance policies <br /> described herein. <br /> <br /> b. That the aforesaid hold-harmless agreement by <br /> Developer shall apply to all damages and claims for <br /> damages of every kind suffered, or alleged to have <br /> been suffered, by reason of any of the aforesaid <br /> 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 public improvements, or regardless of <br /> whether or not such insurance policies shall have <br /> been determined to be applicable to any of such <br /> damages or claims for damages. <br /> <br /> <br />