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<br />(~ r- <br />aforementioned security shalr"include, in addition to the principal amounts, a guarantee of the <br /> <br />payment of costs and reasonable expenses and fees, including reasonable attorneys fees, <br /> <br />incurred by City in the event of successful enforcement of such security. <br /> <br />3. <br /> <br />HOLD HARMLESS. Owners shall protect, indemnify, and hold harmless the <br /> <br />City, its Council, boards, commissions, officers, agents, and employees, from and against any <br /> <br />and all liability, losses, damages, claims, causes of action, or actions arising out of any <br /> <br />accident, occurrence or incident resulting from, or alleged to have resulted from the construction <br />of any of the Improvements by Owners, the negligent performance of any contractual <br /> <br />responsibility of Owners, or any negligent action of Owners undertaken by Owners as a result <br /> <br />of, or in the furtherance of, such construction or other responsibility of Owners. Owners shall <br /> <br />also protect, indemnify and hold harmless the above parties for any liability from and against <br /> <br />claims and liability based upon the use of any patent or patented article by Owners in the <br /> <br />construction of said work or Improvements. Owners' duty to defend and hold harmless shall <br />include the responsibility to provide legal representation, the selection of who shall be subject to <br /> <br />City's approval. <br /> <br />4. <br /> <br />INSURANCE. <br /> <br />Owners shall, before the release of said final map by City for <br /> <br />recordation, obtain and maintain in full force and effect during the term of this Agreement, at <br /> <br />Owners' own expense and risk, a general comprehensive liability insurance policy, and further, <br /> <br />shall furnish evidence of such insurance by filing copies of the declaration page or information <br /> <br />page and a certificate of insurance with the City Clerk, which copies shall be accompanied by <br /> <br />such endorsements as may be necessary to show compliance with all of the requirements of <br /> <br />this paragraph. Such insurance shall name the City of Redwood City, its Council, boards, <br /> <br />commissions, officers, agents and employees as insureds or additional insureds and shall <br /> <br />indemnify City and said persons against liability for loss or damage for personal injury including <br /> <br />death, and property damage occasioned by the operations of Owners or Owners' contractors or <br /> <br />subcontractors under the terms of this Agreement, and shall be in the minimum limits of <br />-3- <br /> <br />Agmt-420 <br />F :/s hared/R edwood/Council <br />FXS:djk <br />11/07/00 <br /> <br />1111111111111111111111111111111111111111111111111111111 <br /> <br />2001-080575 <br />06/05/2001 08:24~ <br />~G Page: 4 of 10 <br />