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<br /> and save Agency, City and Sandpointe, and their officers, agents, and employees, from any and all
<br /> claims, demands, suits, actions, or proceedings 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 fzom
<br /> the negligent or wrongfid acts or omissions of Nexus or Geneva Conurions or their respective
<br /> employees, agents or subcontractors. For itself and no other, Sandpointe agrees to hold harmless
<br /> Agency, City and their respective offloers, 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 omissions of Nexus or Geneva Commons, or their respective
<br /> employees, agents or subcontractors. This Agreement shaft not be interpreted or construed to
<br /> obligate Sandpointe, its officers, directors or agents, or the Neighborhood to defend, indemnify or
<br /> to answer in any way for the Agency the City or their respective officers, directors, agents or
<br /> employees for such claims.
<br /> 13. Prior to the commencement of construction, Nexus or any other party working
<br /> within the real property of the City or Agency, shall obtain at its sole cost and flie with the City and
<br /> Agency, and maintain for tha period covered by tlils Agreement, a policy or policies of liability
<br /> insurance or a certificate 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 and all claims and suits for damages or
<br /> injuries to persons or property resulting from or arising out of operations of Nexus, its officers,
<br /> directors, agents, or employees. Said policy or policies of insurance shall provide coverago for both
<br /> bodily injury and property damage in not less than One Million Dollars ($1,000,000) combined
<br /> single limit, or its equivalent. Said policy or policies shall also contain a provision that no
<br /> termination, cancellation, or change of coverage of insured shall be effective until after thirty (30)
<br /> days notice thereof has been given in writing to City aid 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 /> hereunder. Nexus may procure and maintain, at 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 /> prosecution of the work. All insurance policies shall 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 heroin by this reference
<br /> 9. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS.
<br /> Nexus shall carry out the design,. construction, and operation of the Nexus Improvements in
<br /> substa fiat conformity with all applicable laws, ordinances, statutes, codes, rules, regulations,
<br /> orders, and decrees of the United States, the State of California, the County of Orange, the City, or
<br /> any other political subdivision in which the Property is located, and of any other political
<br /> subdivision, agency, or instrumentality exercising jurisdiction over the City or Nexus, including all
<br /> applicable federal, state, and local eceupation, safety and health laws, rules, regulations and
<br /> standards, applicable state and labor standards, applicable prevailing wage requirements, the City
<br /> zoning and development standards, City permits and approvals, building, plumbing, mechanical
<br /> EXHIBIT D
<br /> Ordinance No. NS.2680 7
<br /> Page 30 of 61
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<br /> 75A-97
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