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endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City and the Agency of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by the Developer shall be primary insurance and not be contributing with any insurance maintained by the Agency or City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the City and the Agency. The required certificate shall be furnished by the Developer at the time set forth in the Schedule of Performance. 306.A.1 Builders Risk Insurance. The Developer shall take out and maintain Builders Risk Insurance coverage to cover the Improvements during the course of construction. Such insurance shall provide coverage on an all risk basis, including theft and vandalism, for accidental losses, damage or destruction of the property during construction. The limit of insurance shall be in the amount of the full value of the project. 306.B. Payment, Performance and Completion Bonds. In the event Developer hires a third party contractor to perform the construction of the Development, Developer shall have obtained payment, performance and completion bonds for off-site improvements as maybe customarily required by the City, in an amount and from a surety company reasonably acceptable to the Executive Director. All bonds shall be issued by good and solvent sureties qualified to do business in California and shall have a rating of A or better. 307. Completion of Project. Developer shall commence and diligently proceed with each Project. In any event, Developer shall complete each Project not later than the date established therefor in the Schedule of Performance unless extended by agreement of Agency and Developer. 308. Rights of Access. For purposes of assuring compliance with this Agreement, representatives of the Agency shall have the right of access to the Sites, without charges or fees, at normal construction hours during the period. of construction for the purposes of this Agreement, including but not limited to, the inspection of the work being performed in constructing the Improvements so long as Agency representatives comply with all safety rules. The Agency (or its representatives) shall, except in emergency situations, notify the Developer prior to exercising its right pursuant to this Section 308. Agency hereby agrees to indemnify, protect, defend and hold Developer, and all portions of the applicable Sites, free and harmless from and against any and all loss, cost, liability or expense (including reasonable attorneys' fees) caused by or arising from such entry by Agency or its representatives upon such Sites, and from all mechanic's materialmen's and other liens resulting from any such entry. 309. Compliance with Laws. The Developer shall carry out the design and construction of the Improvements in conformity with all applicable laws, including all applicable state labor standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City of Santa Ana Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act. 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Sections 51, et seq. 24 EXHIBIT 4