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<br /> California Labor Code (commencing with Section 1720). But no sum shall be withheld,
<br /> retained or forfeited, except from the final payment, without a full investigation by either
<br /> the Division of Labor Law Enforcement or by City.
<br />5. It is hereby agreed by the parties to the Agreement that in case all work called for under
<br /> the Agreement is not finished or completed on or before the time set forth in this
<br /> Agreement, damage will be sustained by City, and that it is and will be impracticable and
<br /> extremely difficult to ascertain and determine the actual damage which the City will
<br /> sustain in event of and by reason of such delay; it is therefore agreed Contractor will pay
<br /> to City the sum calculated at the rate of Five Hundred and No/100 dollars ($500.00) per
<br /> day as liquidated damages for each and every calendar day's delay in finishing the work
<br /> in excess of the number of days prescribed, and Contractor agrees to pay said liquidated
<br /> damages as herein provided, and in case the same are not paid, agrees that City may
<br /> deduct the amount thereof from any monies due or that may become due under this
<br /> Agreement.
<br /> It is further agreed that in case the work called for under this Agreement is not
<br /> completed in all of its parts and requirements within the number of calendar days
<br /> specified, City shall have the right to increase the number of calendar days or not, as
<br /> may seem best to serve the interest of City; and if it is decided to increase the said
<br /> number of calendar days, City shall further have the right to charge to Contractor, and
<br /> deduct from the final payment for the work, all or any part, as City may deem proper, of
<br /> the actual cost of engineering, inspection, superintendence, and other overhead
<br /> expenses of City which are directly chargeable to this Agreement, except that the cost of
<br /> final surveys and the preparation of the final estimate shall not be included in such
<br /> charges to be paid by Contractor.
<br />6. Except as otherwise may be provided herein, Contractor hereby expressly guarantees
<br /> for one (1) full year from the date of the final completion of the work under this
<br /> Agreement and acceptance thereof by City's City Council, to repair or replace any part of
<br /> the work performed hereunder which constitutes a defect resulting from the use of
<br /> inferior or defective materials, equipment or workmanship. If, within said period, any
<br /> repairs or replacements in connection with the work are, in the opinion of the Manager,
<br /> Engineering and Construction, rendered necessary as a result of the use of inferior or
<br /> defective materials, equipment or workmanship, Contractor agrees, upon receipt of
<br /> notice from City, and without expense to City, to promptly repair or replace such material
<br /> or workmanship and/or correct any and all defects therein. If Contractor, after such
<br /> notice, fails to proceed promptly to comply with the terms of this guarantee, City may
<br /> perform the work necessary to effectuate such correction and recover the cost thereof
<br /> from Contractor or his sureties.
<br /> Any and all other special guarantees which may be applicable to definite parts of the
<br /> work under this Agreement shall be considered as an additional guarantee and shall not
<br /> reduce or limit the guarantee as provided by Contractor pursuant to this paragraph
<br /> during the first year of the life of such guarantee.
<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council, officers,
<br /> boards, commissions, agents and employees, as well as Shapell Industries, Electronic
<br /> Arts, Inc., and Hastings of Redwood Shores Home Owners Association of and from any
<br /> and all claims, suits or actions of every name, kind and description which may be
<br /> brought against City, its Council, officers, boards, commissions, agents, or employees by
<br /> reason of any injury to or death of any person or damage suffered or sustained by any
<br /> person or corporation, caused by, or alleged to have been caused by, any act or
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