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10.1 Indemnity. Developer shall indemnify, defend (with counsel approved by City) <br />and hold Indemnitees harmless from and against any and all Claims, including without <br />limitation, Claims arising directly or indirectly, in whole or in park, as a result of or in connection <br />with Developer's or Developer's contractors, subcontractors, agents or - eemployees development, <br />construction, improvement, operation, ownership or maintenance of the Project or the Property, <br />or any part thereof or otherwise arising out of or in connection with Developer's performance <br />under this Agreement. Developer's indemnification obligations under this Section 10.1 shall not <br />extend to Claims resulting solely from the gross negligence or willful misconduct of one or more <br />Indemnitees. The provisions of this Section 10.1 shall survive the issuance of a Certificate of <br />Completion for the Project and the expiration or earlier termination of this Agreement. It is <br />further agreed that City does not and shall not waive any rights against Developer that it may <br />have by reason of this indemnity and hold harmless agreement because of the acceptance by <br />City, or the deposit with City by Developer, of any of the insurance policies described in this <br />Agreement. <br />10.2 Liabilfty and Workers Compensation Insurance. <br />(a) Prior to initiating work on the Project and continuing through the issuance <br />of the Certificate of Completion, Developer and all contractors working on behalf of Developer <br />on the Project shall maintain a commercial general liability policy in the amount of One Million <br />Dollars ($1,000,000) each occurrence, Two Million Dollars ($2,000,000) annual aggregate, <br />together with Three Million Dollars ($3,000,000) excess liability coverage, or such other policy <br />limits as City may require in its reasonable discretion, including coverage for bodily injury, <br />property damage, products, completed operations and contractual liability coverage. Such policy <br />or policies shall be written on an occurrence basis and shall name the Indemnitees as additional <br />insureds. <br />(b) Until issuance of the Certificate of Completion, Developer and all <br />contractors working on behalf of Developer shall a comprehensive automobile liability <br />coverage in the amount of One Million Dollars ($1,000,000), combined single limit including <br />coverage for owned and non -owned vehicles and shall furnish or cause to be furnished to City <br />evidence satisfactory to City that Developer and any contractor with whom Developer has <br />contracted for the performance of work on the Property or otherwise pursuant to this Agreement <br />carries workers' compensation insurance as required by law. Automobile liability policies shall <br />name the Indemnitees as additional insureds. <br />(c) Upon commencement of construction work and continuing until issuance <br />of a Certificate of Completion, Developer and all contractors working on behalf of Developer <br />shall maintain a policy of builder's all -risk insurance in an amount not less than the full insurable <br />cost of the Project on a replacement cost basis naming City as loss payee. Such insurance shall <br />include coverage for risks of direct physical loss or damage, excluding the perils of earthquake, <br />flood, and earth movement. <br />(d) Upon completion of construction, Developer shall maintain property <br />insurance covering all risks of loss (other than earthquake and flood) for 100% of the <br />replacement value of the Project with deductible, if any, in an amount acceptable to City, naming <br />City as loss payee. <br />1865087.6 36 <br />