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<br />arising from the performance of the work from Subdivider, Subdivider's contractors', subcontractors', agents' <br /> <br />or employees' operations under this Agreement. Subdivider agrees to, and shall, defend City and its elective <br /> <br />and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in <br /> <br />equity for damages caused or alleged to have been caused, by reason of any of the aforesaid operations; <br /> <br />provided as follows: <br /> <br />a. That City does not, and shall not, waive any rights against Subdivider which it may <br /> <br />have by reason of the aforesaid hold harmless agreement, because of the <br /> <br />acceptance by City, or the deposit with City by Subdivider, of any of the insurance <br /> <br />policies described in paragraph 16 hereof. <br /> <br />b. That the aforesaid hold harmless agreement by Subdivider shall apply to all <br /> <br />damages and claims for damages of every kind suffered, or alleged to have been <br /> <br />suffered, by reason of any of the aforesaid operations referred to in this paragraph, <br /> <br />regardless of whether or not City has prepared, supplied, or approved of plans <br /> <br />and/or specifications for the subdivision, or regardless of whether or not such <br /> <br />insurance policies shall have been determined to be applicable to any of such <br /> <br />damages or claims for damages. <br /> <br />16. Subdivider's Insurance. Concurrently with the execution hereof, Subdivider shall obtain or <br /> <br />cause to be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such <br /> <br />insurance shall have been approved by the Risk Manager of City, as to form, amount and carrier. Prior to <br /> <br />the commencement of work under this Agreement, Subdivider's general contractor shall obtain or cause to <br /> <br />be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such <br /> <br />insurance shall have been approved by the Risk Manager of City, as to form, amount and carrier. <br /> <br />Subdivider shall not allow any contractor or subcontractor to commence work on this contract or <br /> <br />subcontract until all insurance required for Subdivider and Subdivider's general contractor shall have been <br /> <br />so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of <br /> <br />work under this Agreement and the [mal acceptance thereof by City. All requirements herein provided shall <br /> <br />PARCEL MAP 9401 <br />SUBDIVISION IMPROVEMENT AGREEMENT-public <br />G:~LD~ Tract Map & Parcel Map\Parcel Maps\PM 9401 - Callan Ave 101 \SUBIMP.AGR-public.doc PAGE 6 OF 16 <br />