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and Savo Agoncy, City and Sandpointo, and their officers, agents, and employees, from any and all
<br />claims, demands, suits, actions, or proceecihigs of any kind or nature, including, but not by way of
<br />limitation, workers' compensation claims of or by anyone whomsoever, in any way resulting front
<br />the negligent or wrongful acts or-omissions of Noxus or Geneva Commons or their raspective
<br />employees, agents or subcontractors. For itsolf and no other, Sandpointo agrees to hold liminless
<br />Agonoy, City and their respective officers, directors, agents and employees from and against all
<br />damages to property or injuries to or death of any person or persons, in any way resulting from the
<br />negligent or wrongful acts or onilssions of Nexus or Geneva Commons, or their respmfive
<br />employees, agents or subcontractors. This Agreement shall not be interpreted or construed to
<br />obligato Sandpointe, its otfleors, directors or agents, or the Neighborhood to defend, Indemnity or
<br />to answer in any way for the Agency flit City or tlrtir raspective officers, directors, agents or
<br />employees for such claims,
<br />13, Prior to the commencement of constntction, Nexus br any other party working
<br />within the real property of the City or Agoncy, shall obtain at its solo cost and file with the City acid
<br />Agency, and maintain for the period covered by tills Agreement, a policy or policies of liability
<br />insurance or a cortifieate of such Insurance, consistent with this Agreement, naming Agency, the
<br />City and Sandpointe, their officers, directors, agents, and employees, as insured or additional
<br />insured, which provides coverage not less than that provided In the form of a comprehensive
<br />general liability Insurance policy against liability for any acrd all claims and suits for damages or
<br />injuries to persons or property resulting f9om or arising out of operations of Nexus, Its officers,
<br />directors, agents, or employees, Said policy orpolioics of Insurtuioe shall provide coverage for both
<br />bodily injury raid property damage In not less than OneNfillion Dollars ($1,000,000) combined
<br />single limit, or its equivalent, Said policy or polioias shall also contain a provision that no
<br />termination, cancellation, or chmigo of covoragc of itisured shall bo cffCctive until after thlrty (30)
<br />days notion thereof lifts been givon in writing to City slid Agency. Nexus shall give to Agency and
<br />City prompt and timely notice of claim made or suit instituted arising out of Nexus operations
<br />hereiuider. Nexus may procure and malatain, ut its own cost and expense, any additional kinds and
<br />amounts of insurance, which in Its own judgment may be necessary for its proper protection in the
<br />prosceution of the work. All insuranec policies sliall be written by responsible and solvent
<br />insurance companies and shall include an additional insured endorsement in substantially the form
<br />of Exhibit D, attached hereto and incorporated herein by this reference
<br />9. COMPLIANC13 WJTfl GOVfsTtNly ENTAL REQUIREMENTS,
<br />Noxus shall carry out the design,.consinie(ion, and operation of the Nexus Improvements in
<br />substantial conformity wIW ail applicablo laws, ordinances, statutes, codes, rules, regulations,
<br />orders, and decrees of the United States, lire Stato of California) trio County of Orange, the City, or
<br />any other political subdivision in which the Property is located, and of airy other political
<br />subdivision, agency, or instrumenlolity axerclsing jurisdiction over the City or Noxus, including all
<br />applicable federal, state, and local occupation, safety and health laws, rules, regulatione and
<br />standards, applicable state and labor standards, applicable prevailing wage requirements, Oie City
<br />zoning and development standards, City permits acid approvals, building, plumbing, mechanical
<br />EXHIBIT D
<br />Ordinance No. N&2680 7
<br />Pago 30 of 61
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