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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 /> <br /> 7. Acquisition b~ Assessment District. The parties shall <br /> cooperate with each other to cause the North Pleasanton Water <br /> Improvement District to be formed as soon as reasonably practical <br /> and to cause the North Pleasanton Water Improvement District to <br /> reimburse Developer for all costs and expenses incurred or paid <br /> by Developer, if such costs and expenses are included as a part <br /> of the costs and expenses financed by the North Pleasanton Water <br /> Improvement District and such costs and expenses are reimbursable <br /> by the North Pleasanton Water Improvement District to Developer. <br /> Reimbursement by City shall be made within thirty (30) days after <br /> the sale of the bonds of the North Pleasanton Water Improvement <br /> District. <br /> <br /> 8. Procedure If No Assessment District. In the event no <br />assessment district contemplated herein is formed, all costs, <br />expenses and/or obligations incurred or paid by Developer as a <br />result of this agreement shall be the sole responsibility of <br />Developer. Further, in the event the assessment district formed <br />does not include as reimbursable costs all the costs and expenses <br />incurred or paid pursuant to this agreement, those costs and <br />expenses not reimbursable by the assessment district shall be the <br />sole responsibility of Developer. <br /> <br /> 9. 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 /> <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 Harmless Agreement. Developer hereby agrees to, and <br />shall, h~l~'~%'~"7~ls 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 ]nay 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 /> <br /> - 4 - <br /> <br /> <br />