Agmt99 S J Amoroso Construction - Laserfiche WebLink

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brought against. or suffered or sustained by. Indemnitees, caused by, or alleged to have been caused by. the negligence, intentional tortious act or omission, or willful misconduct of Contractor or Contractor's officers, employees. or agents in the performance of any services or work by Contractor relating to the Reconstruction. The duty of Contractor 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, that nothing herein contained shall be construed to require Architect to indemnify the Indemnitees in contravention of Section 2782 of the California Civil Code. 4. Architect's Contribution. (a) Architect shall contribute an amount not to exceed 10.6 percent of the estimated maximum cost of Reconstruction, to wit: Seven Thousand Six Hundred Eighty-four Dollars ($7684) toward the cost thereof. Architect's contribution shall be paid to City in equal monthly installments of Five Hundred Dollars ($500) and a final installment in an amount which, when added to the prior paid installments causes the aggregate amount paid to equal 10.6 percent of the actual cost of Reconstruction; provided, that Architect's contribution shall not exceed 10.6 percent of the estimated maximum cost of Reconstruction (Le.. $7684). The actual cost of Reconstruction shall be determined by City pursuant to the provisions of paragraph 5(a). If any such installment is not paid on or before the due date, the full amount of the unpaid balance of Architect's contribution, calculated upon Architect's maximum contribution of $7684, shall upon such default become due and payable. In the event of such default, City Agmt-194 f\sh\sh\RC\Council DES:rg 09/09/98; 02/08/99R; 03/01/99R 7 ,. ,_............ ~.. _...