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10/1/08 <br />form approved by the Agency setting forth the general provisions of the insurance <br />coverage. This countersigned certificate shall name the City and the Agency and their <br />respective officers, agents, and employees as additionally insured parties under the <br />policy, and the certificates shall be accompanied by a duly executed enforcement. <br />evidencing such additional insured status. The Agency's preferred form of Additional <br />Insured Endorsement is attached hereto and incorporated herein as Exhibit G. The <br />certificate and endorsement by the insurance carrier shall contain a statement of <br />obligation on the part of the carrier to notify City and the Agency of any material change, <br />cancellation or termination of the coverage at least thirty (30) days in advance of the <br />effective date of any such material change, cancellation or termination. Coverage <br />provided hereunder by the Developer shall be primary insurance and not be contributing <br />with any insurance maintained by the Agency or City, and the policy shall contain such <br />an endorsement. The insurance policy or the endorsement shall contain a waiver of <br />subrogation-for the benefit of the City and the Agency. The required certificate shall be <br />furnished by the Developer at the time set forth in the Schedule of Performance. <br />306.1 Builders Risk Insurance. The Developer shall take out and <br />maintain Builders Risk Insurance coverage to cover the buildings during the course of <br />construction. Such insurance shall provide coverage on an all risk basis, including theft <br />and vandalism, for accidental losses, damage or destruction of the property during <br />construction. The limit of insurance shall be in the amount of the full value of the <br />project. <br />307. Reserved. <br />308. Rights of Access. Prior to the issuance of a Release of Construction <br />Covenants (as specified in Section 310 of this Agreement), for purposes of assuring <br />compliance with this Agreement, representatives of the Agency shall have the right of <br />access to the Sites, without charges or fees, at normal construction hours during the <br />period of construction for the purposes of this Agreement, including but not limited to, <br />the inspection of the work being performed in constructing the Improvements so long as <br />Agency representatives comply with all safety rules. The Agency (or its representatives) <br />shall, except in emergency situations, notify the Developer prior to exercising its right <br />pursuant to this Section 308. <br />309. Compliance With Laws. The Developer shall carry out the design and <br />construction of the Improvements in conformity with all applicable laws, including all <br />applicable state labor standards, the City zoning and development standards, building, <br />plumbing, mechanical and electrical codes, and all other provisions of the City of Santa <br />Ana Municipal Code, and all applicable disabled and handicapped access requirements, <br />including without limitation the Americans With Disabilities Act. 42 U.S.C. Section <br />12101, et seq., Government Code Section 4450, et seq <br />309.1 Taxes and Assessments. Developer shall only apply for or receive <br />any exemption from the payment of property taxes or assessments on any interest in or to <br />17 <br />