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9. Except as otherwise may be provided herein, Contractor hereby expressly <br /> guarantees for one (1) full year from the date of the final completion of the work under <br /> this Agreement and acceptance thereof by City's City Council, to repair or replace any <br /> part of the work performed hereunder which constitutes a defect resulting from the <br /> use of inferior or defective materials, equipment or workmanship. If, within said <br /> period, any repairs or replacements in connection with the work are, in the opinion of <br /> the City's Engineer, rendered necessary as a result of the use of inferior or defective <br /> materials, equipment or workmanship, Contractor agrees, upon receipt of notice from <br /> City, and without expense to City, to promptly repair or replace such material or <br /> 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 /> <br /> Any and all other special guarantees which may be applicable to definite parts of <br /> the work under this Agreement shall be considered as an additional guarantee and <br /> shall not reduce or limit the guarantee as provided by Contractor pursuant to this <br /> paragraph during the first year of the life of such guarantee. <br /> <br /> 10. Contractor hereby agrees to indemnify and save harmless City, its <br /> Council, officers, boards, commissions, agents and employees of and from any and <br /> all claims, suits or actions of every name, kind and description which may be brought <br /> against City, its Council, officers, boards, commissions, agents, or employees by <br /> <br />Agmt-477 1 3 <br />FXS:djk <br />Shared/Redwood/Cou ncil <br />4/25/01 <br /> <br /> <br />