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In event of breach by Developer, City may take over the work <br />and prosecute the same to completion by any method the City deems <br />advisable. Said work shall be for the account and at the expense <br />of the Developer. Developer shall be liable to the City for any <br />excess costs or damages suffered by the City. <br />7. Defects. Developer 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, <br />as security for liability against such defects, Developer 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 />8. Worker's Compensation. Before commencing work under this <br />contract, Developer shall take out and maintain during the course <br />of this agreement, such worker's compensation insurance as <br />required by the laws of the State of California. On failing to <br />do so, the City may procure such insurance for the Developer and <br />the Developer shall pay the cost. <br />9. Hold Harmless Agreement. Developer hereby agrees to, and <br />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 Developer's contractors', subcontractors', <br />agents' or employees' operation under this agreement, whether <br />such operations be by Developer or by any of Developer's <br />contractors, subcontractors, or by any one or more persons <br />directly employed by, or acting as agent for, Developer or any of <br />Developer's contractors or subcontractors. Developer agrees to, <br />and shall, defend City and its elective and appointive Boards, <br />Commissions, officers, agents and employees from any suits or <br />actions at law or equity for damages caused, or alleged to have <br />been caused, by reason of any of the aforesaid operations. In <br />addition to the above: <br />a. City does not, and shall not waive any <br />rights against Developer which it may have by <br />reason of the aforesaid hold-harmless agreement <br />because of the acceptance by City, or the <br />deposit with City by Developer, of any of the <br />insurance policies described herein. <br />b. The aforesaid hold-harmless agreement by <br />Developer shall apply to all damages and <br />claims for damages of every kind suffered, or <br />alleged to have been suffered, by reason of <br />any of the aforesaid operations referred to <br />in this paragraph, regardless of whether or <br />not City has prepared, supplied or approved <br />of plans or specifications for the project, <br />or regardless of whether or not such <br />insurance policies shall have been determined <br />- 3 - <br />