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<br /> (d) Providing that Contractor's insurance shall be primary insurance relating to <br /> Contractor's work hereunder with respect to City, its Council, commissions, boards, <br /> committees, officers, employees and Agents, and further providing that any <br /> insurance or self-insurance maintained by City for itself, its Council, commissions, <br /> boards, committees, officers, employees and agents shall not be excess of <br /> Contractor's insurance and shall not be contributory with it. <br />9. Contractor shall provide, on the execution of this Agreement, a good and sufficient <br /> corporate surety bond in the penal sum of one hundred percent (100%) of amount bid, <br /> which bond shall be conditioned upon the faithful performance of all work required to be <br /> performed by Contractor under this Agreement. Said bond shall be liable for any and all <br /> penalties and obligations which may be incurred by Contractor under this Agreement. <br /> Acceptance of the bond by the City is subject to the review and approval of the bond by <br /> the City Attorney's office. <br />10. In addition to the bond required under Paragraph 9 hereof, Contractor shall furnish a <br /> good and sufficient corporate surety bond in the penal sum of one hundred percent <br /> (100%) of amount of bid, which bond shall conform strictly with the provisions of Chapter <br /> 7, Title 15, Part 4, Division 3, of the Civil Code of the State of California, and all <br /> amendments thereto. Acceptance of the bond by the City is subject to the review and <br /> approval of the bond by the City Attorney's office. <br />11. Pursuant to California Public Contract Code Section 7100, the acceptance by Contractor <br /> of an undisputed payment made under the terms of the Contract shall operate as, and <br /> shall be, a release to City, and their duly authorized agents, from all claim of andlor <br /> liability to Contractor arising by virtue of the Contract related to those amounts. Disputed <br /> contract claims in stated amounts may be specifically excluded by Contractor from the <br /> operation of the release. <br />12. The Contractor may substitute securities for the amounts retained by the City to ensure <br /> performance of the Contract in accordance with the provisions of Section 22300 of the <br /> Public Contract Code. <br />III <br />III <br />III <br />III <br />III <br />III <br />Atty/Agr/Agr.233 6 <br />11 0404 <br />