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DAS:sh 5/29/86 <br /> <br />replace any part of the work performed hereunder which <br />constitutes a defect resulting from the use of inferior or <br />defective materials, equipment or workmanship. If, within said <br />period, any repairs or replacements in connection with the work <br />are, in the opinion of City Engineer or his representative, <br />rendered necessary as the result of the use of inferior or <br />defective materials, equipment or workmanship, Contractor agrees, <br />upon receipt of notice from City, and without expense to City, to <br />promptly repair or replace such material or workmanship and/or <br />correct any and all defects therein. If Contractor, after such <br />notice, fails to proceed promptly to comply with the terms of <br />this guarantee, City may perform the work necessary to effectuate <br />such correction and recover the cost thereof from the Contractor <br />or his sureties. <br /> <br /> Any and all other special guarantees which may be applicable <br />to definite parts of the work under this Agreement shall be <br />considered as an additional guarantee and shall not reduce or <br />limit the guarantee as provided by Contractor pursuant to this <br />paragraph during the first year of the life of such guarantee. <br /> <br /> 7. Contractor hereby agrees to indemnify and save harmless <br />City, its Council, officers, agents and employees of and from any <br />and all claims, suits or actions of every name, kind and <br />description, which may be brought against its officers, agents, <br />and employees by reason of any injury to or death of any person <br />or damage suffered or sustained by any person or corporation, <br />caused by, or alleged to have been caused by, any act or omission <br />to act, negligent or otherwise, of Contractor, its officers, <br /> <br /> 5 <br /> <br /> <br />