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(b) Public liability insurance policy or policies shall name Agency and City as an <br />additional insured, and any policy or policies shall contain cross-liability endorsements. An endorsement <br />shall be provided which states the coverage is primary insurance and that no other insurance affected by <br />Agency or City will be called upon to contribute to a loss under this coverage. <br />(c) A certificate evidencing such insurance coverage or coverages shall be filed with <br />Agency and City prior to the commencement of the term of this Agreement, and said certificate shall <br />provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days' prior <br />written notice to Agency and City. <br />(d) If such coverage is canceled or reduced, Developer shall,. within fifteen (15) days <br />after receipt of written notice from Agency or City of such cancellation or reduction in coverage, but in no <br />event later than the effective date of cancellation or reduction, file with Agency and City a certificate <br />showing that the required insurance has been reinstated or provided through another insurance company <br />or companies. Upon failure to so file such certificate, Agency or City may, without further notice and at its <br />option, procure such insurance coverage at Developer's expense, and Developer shall promptly reimburse <br />Agency for such expense upon receipt of billing from Agency or City. <br />3.09 Rights and Remedies Cumulative. <br />Except as otherwise expressly stated in this Agreement, the rights and remedies are cumulative, <br />and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not <br />preclude the exercise by it, at the same time or different times, of any right or remedy for the same default <br />or any other default. <br />3.10 Real Estate Commissions. <br />Neither Party has retained the services of any real estate commercial broker at any point in time <br />regarding the transfer, disposition, and development of the Property. <br />3.11 Reasonable Approvals. <br />Unless the context indicates otherwise, where an action under this Agreement requires approval of <br />a Party, such approval shall not be unreasonably withheld. <br />3.12 Applicable Law. <br />This Agreement shall be interpreted under and pursuant to the laws of the State of California. <br />3.13 Severability. <br />If any term, provision, covenant or condition of this Agreement is held by a court of competent <br />jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force <br />and effect unless the rights and obligations of the Parties have been materially altered or abridged by such <br />invalidation, voiding or unenforceability. <br />3.14 Legal Actions. <br />Disposition and Development Page 17 <br />Agreement - 1040 Davis Street May 14, 2004 FINAL <br />