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description directly or indirectly arising from the performance of the work from Subdivider, <br />Subdivider's contractors', subcontractors', agents' or employees' operations under this Agreement. <br />Subdivider agrees to, and shall, defend City and its elective and appointive boards, commissions, <br />officers, agents and employees from any suits or actions at law or in equity for damages caused or <br />alleged to have been caused, by reason of any of the aforesaid operations; 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 acceptance <br />by City, or the deposit with City by Subdivider, of any of the insurance policies <br />described in 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 <br />obtain or cause to be obtained and filed with the Risk Manager, all insurance required under this <br />paragraph, and such insurance shall have been approved by the Risk Manager of City, as to form, <br />amount and carrier. Prior to the commencement of work under this Agreement, Subdivider's <br />general contractor shall obtain or cause to be obtained and filed with the Risk Manager, all <br />TRACT MAP 6532 <br />MARINA VISTA - PHASE 4 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />C:\MAPS\TM6532\SUBIWAG.DOC <br />8 <br />