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<br /> 1 <br />3. Hold Harmless. Owner shall protect, indemnify, and hold harmless the City, <br />its Council, boards, commissions, officers, agents, and employees, from and against <br />any and all liability, losses, damages, claims, causes of action, or actions arising out of <br />any accident, occurrence or incident resulting from, or alleged to have resulted from the <br />construction of any of the Improvements by Owner, the negligent performance of any <br />contractual responsibility of Owner, or any negligent action of Owner undertaken by <br />Owner as a result of, or in the furtherance of, such construction or other responsibility of <br />Owner. Owner shall also protect, indemnify, and hold harmless the above parties for <br />any liability from and against claims and liability based upon the use of any patent or <br />patented article by Owner in the construction of said work or Improvements. Owner's <br />duty to defend and hold harmless shall include the responsibility to provide legal <br />representation, the selection of whom shall be subject to City's approval. <br />4. Insurance. Owner shall, upon execution of this Agreement by Owner, obtain, <br />and maintain in full force and effect during the term of this Agreement, at Owner's own <br />expense and risk, a general comprehensive liability insurance policy, and further, shall <br />furnish evidence of such insurance by filing copies of the declaration page or <br />information page and a certificate of insurance with the City Clerk, which copies shall be <br />accompanied by such endorsements as may be necessary to show compliance with all <br />of the requirements of this paragraph. Such insurance shall name the City of Redwood <br />City, its Council, boards, commissions, officers, agents, and employees as insureds or <br />additional insureds and shall indemnify City and said persons against liability for loss or <br />damage for personal injury, including death and property damage occasioned by the <br />operations of Owner or Owner's contractors or subcontractors under the terms of this <br />Atty/Agr/Agr.161 4 <br />102903 <br />0 ì Y' T- -. <br />