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Cash or instruments of credit shall be in an amount not less <br />than 100% of the total estimated cost of improvements which is as <br />follows: <br /> <br />$460,000.00. <br /> <br /> 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. Defects. Developer shall be liable for defects in workman- <br />ship and materials on all of the above-described improvements for a <br />period of one (1) year after acceptance and as security for liability <br />against such defects, Developer shall file improvement or maintenance <br />security with the City Clerk, of a type approved by the City Attorney, <br />in the 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 <br />or more persons directly employed by, or acting as agent for, <br />Developer or any of Developer's contractors or subcontractors. <br />Developer agrees to, and shall, defend City and its elective and <br />appointive Boards, Commissions, officers, agents and employees from <br />any suits or actions at law or equity for damages caused, or alleged <br />to have been caused, by reason of any of the aforesaid operation. <br />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 herein. <br /> <br />That the aforesaid hold-harmless agreement by Developer <br />shall apply to all damges 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 /> <br />-3- <br /> <br /> <br />