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equity for damages caused or alleged to have been caused, by reason of any of the aforesaid operations; <br />provided as follows: <br />a. That City does not, and shall not, waive any rights against Subdivider which it may <br />have by reason of the aforesaid hold harmless agreement, because of the <br />acceptance by City, or the <br />deposit with City by Subdivider, of any of the insurance policies described in <br />paragraph 16 hereof. <br />b. That the aforesaid hold harmless agreement by Subdivider shall apply to all <br />damages and claims for damages of every kind suffered, or alleged to have been <br />suffered, by reason of any of the aforesaid operations referred to in this paragraph, <br />regardless of whether or not City has prepared, supplied, or approved of plans <br />and/or specifications for the subdivision, or regardless of whether or not such <br />insurance policies shall have been determined to be applicable to any of such <br />damages or claims for damages. <br />16. Subdivider's Insurance. Concurrently with the execution hereof, Subdivider shall obtain or <br />cause to be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such <br />insurance shall have been approved by the Risk Manager of City, as to form, amount and carrier. Prior to <br />the commencement of work under this Agreement, Subdivider's general contractor shall obtain or cause to <br />be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such insurance <br />shall have been approved by the Risk Manager of City, as to form, amount and carrier. Subdivider shall not <br />allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance <br />required for Subdivider and Subdivider's general contractor shall have been so obtained and approved. Said <br />insurance shall be maintained in full force and effect until the completion of work under this Agreement and <br />the fmal acceptance thereof by City. All requirements herein provided shall appear either in the body of the <br />insurance policies or as endorsements and shall specifically bind the insurance carrier. <br />TRACT MAP 7175 CHERRY WOOD -PHASE 3 <br />ABSTRACT OF SUBDIVISION IMPROVEMENT AGREEMENT (PUBLIC IMPROVEMENT) <br />C:\MAPS\TM7175\SUBIMPAGRPUBLIC.DOC <br />PAGE 7 OF 17 <br />