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(b) Nothwithstanding the foregoing, during the tax credit compliance period for the
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<br /> Project, as determined under Section 42 of the Internal Revenue Code, any condemnation
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<br /> proceeds maybe used by the Developer for repair and/or restoration of the Project.
<br /> 906.9 Waiver of Subrogation. Developer hereby waives all rights to recover
<br /> against the City (or any officer, employee, agent or representative of City) for any loss
<br /> incurred by Developer from any cause insured against or required to be insured against;
<br /> provided, however, that this waiver of subrogation shall not be effective with respect to
<br /> any insurance policy if the coverage thereunder would be materially reduced or impaired
<br /> as a result. Developer shall use its best efforts to obtain only policies which permit the
<br /> foregoing waiver of subrogation.
<br /> The required certificates shall be furnished by the Developer at the time this Agreement is
<br /> executed. Certificates verifying such coverage has been extended to the City of Santa Ana must
<br /> be furnished to the City of Santa Ana City Attorney's Office (M-29), 20 Civic Center Plaza,
<br /> Santa Ana, CA 92701 prior to the commencement of work hereunder.
<br /> 907. Builders Risk Insurance. The Developer shall be responsible to cover the
<br /> properties during the course of rehabilitation. It is recommended that such insurance provide
<br /> coverage on an all risk basis, including theft and vandalism, for accidental losses, damage or
<br /> destruction of the Property.
<br /> 908. Right of Access. For purposes of assuring compliance with this Agreement,
<br /> representatives of the City shall have the right of access to the properties, without charges or
<br /> fees, at normal construction hours during the period of construction for the purposes of this
<br /> Agreement, including but not limited to, the inspection of the work being performed in
<br /> rehabilitating the improvements so long as City representatives comply with all safety rules. The
<br /> City (or its representatives) shall, except in emergency situations, notify the Developer prior to
<br /> exercising its right pursuant to this section.
<br /> 909. Developer Indemnity.
<br /> Developer shall indemnify, defend and hold harmless City, its officers, agents, employees and
<br /> volunteers from and against any and all loss or damage, expenses, injuries, death to any person,
<br /> damage to real or personal property, claim, demand, suit, action, judgment, settlement,
<br /> reasonable attorney's fees, costs, or proceeding of any kind arising out of this Agreement,
<br /> implementation of this Agreement, the sale of the property by Developer, securing of financing,
<br /> design development drawings, engineering, construction, reconstruction, structural integrity of
<br /> the NSP Assisted Units, maintenance of the properties, operation, and subsequent sale of the
<br /> NSP Assisted Units, including but not limited to:
<br /> (a) the presence, release, use, generation, discharge, storage or disposal of any hazardous
<br /> materials, on, under, in or about, or the transportation of any such hazardous materials to
<br /> or from, the NSP Assisted Units;
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<br /> 25K-57
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