FIG HOLDING - STREET IMPROVEMENT AGMT

(\ 11. Defects. Developer shall be liable for defects in workman- ship and materials on all of the above described improvements for a period of one (1) year after acceptance and as security for liability against such defects, Developer shall file improvement or maintenance security with the City Clerk, of a type approved by the City Attorney, in the amount of 40% of the total estimated cost set forth above. 12. Worker's Compensation. Before commencing work under this contract, Developer shall take out and maintain during the course of this agreement, such worker's compensation insurance as required by the laws of the State of California. If the Acting General Contractor is not the Developer, then the General Contractor will provide the City with the said certificate of worker's compensation insurance prior to start of construction. On failing to do so, the City may procure such insurance for the Developer and the Developer shall pay the cost. 13. Hold Harmless Agreement. Developer hereby agrees to, and shall hold City, its elective and appointive Boards, Commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims from property damage which may arise from Developer's contractors', subcontractors', agents' or employees' operation under this agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more per- sons directly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elective and appointive Boards, Commis- sions, officers, agents and employees from any suits or actions at law or equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. In addition to the above: a. That City does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described herein. b. That the aforesaid hold-harmless agreement by Developer shall apply to all damages and claims for damages.of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans or specifications for the improve- ments, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. -4-