Agmt99 W L Butler Construction - Laserfiche WebLink

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DB shall not be entitled to receive any further payment until the Project is finished nor shall it be relieved from its obligations hereunder. In the event that this Agreement is terminated for cause or otherwise, City shall have the option to substitute the DB. All contracts between DB and Subcontractors and/or suppliersmay, at City's option and upon City's exercise of the option, be assumed by the substitute DB. 17. RECORDS. DB shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by DB hereunder. Said records shall be available to City for review and copying during regular business hours at DB's place of business, or as otherwise agreed upon by the parties. 18. HOLD HARMLESS. DB hereby agrees to defend, indemnify and save harmless City, its Council, boards, commissions, officers, employees and agents from and against any and all claims, suits, actions, liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature, kind and description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents, caused by, or alleged to have been caused by, the negligence, intentional tortious act or omission, or willful misconduct of DB, its officers, employees or agents in the performance of any services or work pursuant to this Agreement. The duty of DB to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein shall be construed to require DB to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 19. GUARANTEE. Except as otherwise may be provided herein, DB hereby expressly guarantees for one (1) full year from the date of the execution of the certificate of Agmt-247 F/sh/sh/RC/Council FXS:rg 03/29/99R;04/05/99R, 04/07/99R -20-