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<br />guarantee of the payment of costs and reasonable expenses and fees, including <br /> <br />reasonable attorneys' fees, incurred by City in the event of successful <br /> <br />enforcement of such security. <br /> <br />All bonds shall be issued by a corporate surety <br /> <br />admitted in the State of California. <br /> <br />Bonds or instruments of credit may be <br /> <br />furnished and filed by Ground Lessee's contractor. <br /> <br />3. Hold Harmless. Ground Lessee shall protect, indemnify, and hold <br /> <br />harmless the City, its Council, boards, commissions, officers, agents, and <br /> <br />employees, from and against any and all liability, losses, damages, claims, <br /> <br />causes of action, or actions arising out of any accident, occurrence or incident <br /> <br />resulting from, or alleged to have resulted from the construction of any of the <br /> <br />Improvements by Ground Lessee, the negligent performance of any contractual <br /> <br />responsibility of Ground Lessee, or any negligent action of Ground Lessee <br /> <br />undertaken by Ground Lessee as a result of, or in the furtherance of, such <br /> <br />construction or other responsibility of Ground Lessee. Ground Lessee shall also <br /> <br />protect, indemnify, and hold harmless the above parties for any liability from and <br /> <br />against claims and liability based upon the use of any patent or patented article <br /> <br />by Ground Lessee in the construction of said work or Improvements. Ground <br /> <br />Lessee's duty to defend and hold harmless shall include the responsibility to <br /> <br />provide legal representation, the selection of whom shall be subject to City's <br /> <br />approval. <br /> <br />4. Insurance. Ground Lessee shall, upon execution of this Agreement <br /> <br />by Ground Lessee, obtain, and maintain in full force and effect during the term of <br /> <br />F:\shared\Redwood\Council <br />Agmt-375 <br />FXS:ep <br />07/27/00, 08/02/00R, 08/14/00RR <br /> <br />4 <br /> <br />1111111111111111111111111111111111111111111111111111111 <br /> <br />2000-116763 <br />09/20/2000 11 :24~ <br />~G Page: 5 of 14 <br />