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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 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 /> <br /> 11. Hold Marmless 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 /> <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 /> <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 /> to be applicable to any of such damages 'or <br /> claims for damages. <br /> <br /> 12. Insurance. Developer further agrees to fulfill the <br />following: <br /> <br /> a. Provide a Certificate o~,Insurance issued to <br /> the City of Pleasanton from his-insurance <br /> carrier providing proof of Worker's Compensation <br /> and Policy Number. <br /> <br /> - 4 - <br /> <br /> <br />