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7. Defects. Developer shall be liable for defects in workmanship <br />and materials on all of the above-described improvements for a period <br />of one (1) year after acceptance and as security for liability against <br />such defects, Developer shall file improvement or maintenance security <br />with the City Clerk, of a type approved by the City Attorney, in the <br />amount of 10% of the total estimated cost set forth above. <br /> <br /> 8. Worker's Compensation. Before commencing work under this <br />contract, Developer shall take out and maintain during the course of <br />this agreement, such worker's compensation insurance as required'by <br />the laws of the State of California. On failing to do so, the City <br />may procure such insurance for the Developer and the Developer shall <br />pay the cost. <br /> <br /> 9. Hold Harmless Agreement. Developer hereby agrees to, and <br />shall hold City, its elective and appointive Boards, Commissions, <br />officers, agents, and employees, harmless from any liability for <br />damage or claims for damage for personal injury, including death, as <br />well as from claims from property damage which may arise from <br />Developer's contractors', subcontractors', agents' or employees' <br />operation under this agreement, whether such operations be by Developer <br />or by any of Developer's contractors, subcontractors, or by any one or <br />more persons directly employed by, or acting as agent for, Developer <br />or any of Developer's contractors or subcontractors. Developer agrees <br />to, and shall, defend City and its elective and appointive Boards, <br />Commissions, officers, agents and employees from any suits or actions <br />at law or equity for damages caused, or alleged to have been caused, <br />by reason of any of the aforesaid operation. In addition to the above: <br /> <br />That City does not, and shall not, waive any rights <br />against Developer which it may have by reason of the <br />aforesaid hold-harmless agreement, because of the <br />acceptance by City, or the deposit with City by <br />Developer any of the insurance policies described <br />herein. <br /> <br />10. <br /> <br />That the aforesaid hold-harmless agreement by Developer <br />shall apply to all damages and claims for damages of <br />every kind suffered, or alleged to have been suffered, <br />by reason of any of the aforesaid operations referred <br />to in this paragraph, regardless of whether or not City <br />has prepared, supplied or approved of, plans or specifica- <br />tions for the work, or regardless of whether or not such <br />insurance policies shall have been determined to be <br />applicable to any of such damages or claims for damages. <br /> <br />Insurance. Developer further agrees to fulfill the following: <br /> <br />Provide a Certificate of Insurance issued to the City <br />of Pleasanton from his insurance carrier providing <br />proof of Worker's Compensation and policy number. <br /> <br />Provide a Certificate of Insurance from his insurance <br />carrier showing the amount of Public Liability and <br />Property Damage coverage and naiming the City of <br />Pleasanton and Agents as an additional insured. <br /> <br />-3- <br /> <br /> <br />