|
<br />Section 17.
<br />
<br />HOLD HARMLESS:
<br />
<br />A. To the fullest extent allowed by law, CM/GC shall defend, indemnify and hold harmless
<br />City/Agency, its and their councils, boards, commissions, officers, employees and agents from
<br />and against any and all claims, demands, suits, actions, causes of action, liability, loss, damage,
<br />expense, or costs (including, without limitation, costs and attorneys fees) of every nature, kind
<br />and description, which may be brought against, or suffered or sustained by, City/Agency, the
<br />Agency, its and their councils, boards, commissions, officers, employees or agents, arising from
<br />
<br />or related to the actions or inaction of CM/GC, its officers, employees or Trade Contractors in
<br />the performance of any Services or Work pursuant to this Agreement.
<br />B. The duty of CM/GC to indemnify and save harmless, as set forth herein, shall include the
<br />duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that
<br />nothing herein shall be construed to require CM/GC to indemnify City/Agency, its and their
<br />Council, boards, commissions, officers, employees and agents against any responsibility or
<br />liability in contravention of Section 2782 of the California Civil Code.
<br />C. The obligations of CM/GC under this provision shall not extend to the liability of
<br />Architect, Architect's consultants, or any other design professionals retained by City/Agency and
<br />their agents and employees of any of them for liabilities arising out of (1) the preparation or
<br />approval of. maps, drawings, opinions, reports, surveys, change orders, designs or
<br />specifications or (2) the giving of or the failure to give directions or instructions to Architect,
<br />Architect's consultants, or any other design professionals retained by City/Agency and their
<br />agents and employees of any of them.
<br />
<br />Section 18.
<br />
<br />GUARANTEE:
<br />
<br />A. Except as otherwise may be provided herein, CM/GC hereby expressly guarantees for
<br />one (1) full year from the date the City Council accepts the Project as provided in Section 1.E to
<br />cause to be repaired or replaced any part of the Work performed hereunder which constitutes a
<br />defect resulting from the use of inferior or defective materials, equipment or workmanship. If,
<br />within said period, any repairs or replacements in connection with the Work are, in the opinion of
<br />the City/Agency, required, CM/GC agrees, upon receipt of notice from City/Agency, and without
<br />expense to City/Agency, to promptly cause to be repaired or replaced such material or
<br />workmanship and/or correct any and all defects therein. If CM/GC, after such notice, fails to
<br />proceed promptly to comply with the terms of this guarantee, City/Agency may perform the work
<br />necessary to effectuate such correction and recover the cost thereof from CM/GC or his/her
<br />sureties.
<br />
<br />Atty/Agr/2005.003
<br />030805/L. Beck/60?588v?
<br />
<br />Page 12 of 30
<br />
<br />... _.'-' - . --""'T
<br />
|