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6.2.A. - Page 9
<br />15. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer
<br />expressly warrants and guarantees all Work performed under this Agreement and all materials used in the
<br />Work for a period of one (1) year after City's final acceptance in accordance with Section 12. If, within
<br />this one (1) year warranty period, any Improvement or part of any Improvement installed or constructed,
<br />or caused to be installed or constructed by Developer, or any of the Work done under this Agreement,
<br />fails to fulfill any of the requirements of the Improvement flans or this Agreement, Developer shall,
<br />without delay and without cost to City, repair, replace or reconstruct any defective or otherwise
<br />unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should
<br />Developer fail to act promptly or in accordance with this requirement, following written notice and an
<br />opportunity to cure as provided in Section 25, or should the exigencies of the situation require immediate
<br />repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its
<br />option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer
<br />shall pay to City upon demand the actual cost of such repairs, replacements or reconstruction.
<br />16. Developer Not As_ ent of Citv. Neither Developer nor Developer's contractors,
<br />subcontractors, agents, officers, or employees are agents or employees of City and the Developer's
<br />relationship to City, if any, arising herefrom is strictly that of an independent contractor.
<br />17. Indemnification.
<br />171 Neither the City, nor its officers, agents nor employees, shall be liable or
<br />responsible for any accident, injury, loss, or damage to either property or person attributable to or
<br />arising out of the construction or installation of the Improvements. Developer shall indemnify,
<br />hold harmless and defend the City, its officers, agents and employees, from and against any and
<br />all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments,
<br />including reasonable attorneys' fees, arising out of or attributable to Developer's performance
<br />under this Agreement. Notwithstanding the forgoing, Developer shall not be obligated under this
<br />Agreement to defend and/or indemnify the City to the extent that any of the damage or injury is
<br />caused by the gross negligence or willful misconduct of the City or its agents or employees.
<br />1.7.2 Developer's obligations under this Section 17 are not conditioned or dependent
<br />upon the City, or its officers, agents and employees, whether the City prepared, supplied or
<br />reviewed any Improvement Plans or related specifications in connection with the Project or the
<br />Improvements, or whether the City has insurance or other indemnification covering any of these
<br />matters.
<br />173 Developer's obligation to indemnify, hold harmless and defend the City shall
<br />extend to injuries to persons and damages to or alleged taking of property resulting from the
<br />design or construction of the Subdivision, and the Improvements required herein, and shall
<br />likewise extend to adjacent property owners asserting claims based upon the diversion of waters
<br />caused by the Developer's design or construction of public drainage systems, streets, and other
<br />public facilities or Improvements. The City's acceptance of the Improvements shall not constitute
<br />an assumption by the City of any responsibility or liability for any damage or alleged taking of
<br />property referenced herein, City shall not be responsible or liable for the design or construction
<br />of the Subdivision or the Improvements constructed or installed pursuant to the approved
<br />Improvements Plans or the Final Map. After City's acceptance of the Improvements, the
<br />Developer shall remain obligated to correct or eliminate all dangerous conditions created by
<br />defects in design or construction; provided, however, that the Developer shall not be responsible
<br />for routine maintenance. Developer's obligations hereunder shall remain in effect for ten (14)
<br />years following acceptance of the Improvements by the City Council. Developer acknowledges
<br />and agrees that Developer shall be responsible and liable for the design and construction of the
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<br />ATTYIAGR.2015.034/SunCap Redwood LLC (IA)
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