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in connection with, or alleged to have been caused by or to have arisen directly or <br />indirectly in whole or in part, from or in connection with any act or omission of Owner or <br />its employees, agents, or contractors in connection with the development, construction <br />or installation of the Improvements and Owner's actions and obligations hereunder, <br />including without limitation, all Claims that may be made by contractors, subcontractors <br />or other third party claimants pursuant to Labor Code Sections 1726 and 1781, or <br />relating to the failure to comply with any state or federal labor laws, regulations or <br />standards in connection with the development, construction or installation of the <br />Improvements, including but not limited to Prevailing Wage Laws. <br />City does not, and shall not, waive any rights against Owner which it may have by <br />reason of the indemnity provided hereby because of the acceptance by City, or the <br />deposit with City of any of the insurance policies required pursuant to this Agreement. <br />The indemnity provided pursuant to this Section shall apply regardless of whether or not <br />City has prepared, supplied, or approved of the Plans and regardless of whether or not <br />the insurance policies required pursuant to this Agreement shall have been determined to <br />be applicable to any Claim. Owner waives any and all rights of any type of express or <br />implied indemnity against the City with respect to third-party claims against Owner. <br />Developer's indemnification obligations set forth in this Section shall not apply to Claims <br />caused solely by the negligence or willful misconduct of one or more of the Indemnitees. <br />The provisions of this Section 8.2 shall survive the expiration or earlier termination of <br />this Agreement and the City's acceptance of the Improvements. <br />9. Notice of Breach; Default; Abandonment of Work. If Owner refuses or fails to <br />obtain prosecution of the work of constructing and installing the applicable Lot 1 or Lot 2 <br />Improvements, or any severable part thereof, with such diligence as will ensure its <br />completion within the time specified, or any applicable extension thereof, or fails to <br />obtain completion of said work within such time, or if Owner is adjudged as bankrupt, or <br />makes a general assignment for the benefit of Owner's creditors, or if a receiver is <br />appointed in the event of Owner's insolvency, or if Owner, or any of Owner's <br />contractors, subcontractors, agents or employees violate any of the provisions of this <br />Agreement, the City through its Public Works Director may serve written notice of <br />default under this Agreement on Owner and the applicable surety or holder of other <br />security; provided, however, notwithstanding anything to the contrary, a breach or <br />default under this Agreement with respect to Lot 1 Improvements shall not be deemed a <br />default under this Agreement with respect to Lot 2 Improvements or the obligations <br />hereunder related thereto, and a breach or default under this Agreement with respect to <br />Lot 2 Improvements shall not be deemed a default under this Agreement with respect to <br />Lot 1 Improvements or the obligations hereunder related thereto. <br />In the event City serves notice of default on the applicable surety, said surety <br />shall have the duty to take over and complete the applicable Lot 1 or Lot 2 <br />Improvements; provided, however, that if the surety, within thirty (30) days after delivery <br />of notice of default, does not give City written notice of its intention to take over the <br />performance of the work, and does not commence performance thereof within thirty (30) <br />days after notice to City of such election, City may take over the work and prosecute the <br />same to completion by any method City may deem advisable, for the account and at the <br />1328680-7 ~ 2 <br />