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<br />DES:djk OS/29/98
<br />F:SharedIRedwood/CoWlcil/Agmt-159
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<br />defective materials, equipment or workmanship. If, within said period, any repairs or
<br />replacements in connection with the work are, in the opinion of the City Engineer,
<br />rendered necessary as a result of the use of inferior or defective materials, equipment or
<br />workmanship, Contractor agrees, upon receipt of notice from City, and without expense
<br />to City, to promptly repair or replace such material or workmanship and/or correct any
<br />and all defects therein. If Contractor, after such notice, fails to proceed promptly to
<br />comply with the terms of this guarantee, City may perform the work necessary to
<br />effectuate such correction and recover the cost thereof from Contractor or his sureties.
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<br />Any and all other special guarantees which may be applicable to definite parts of the
<br />work under this Agreement shall be considered as an additional guarantee and shall not
<br />reduce or limit the guarantee as provided by Contractor pursuant to this paragraph
<br />during the first year of the life of such guarantee.
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<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council, officers,
<br />boards, commissions, agents and employees of and from any and all claims, suits or
<br />actions of every name, kind and description which may be brought against City, its
<br />Council, officers, boards, commissions, agents, or employees by reason of any injury to
<br />or death of any person or damage suffered or sustained by any person or corporation,
<br />caused by, or alleged to have been caused by, any act or omission to act, negligent or
<br />otherwise, of Contractor, its officers, agents or employees in the performance of any
<br />work required of Contractor by this Agreement.
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<br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall include
<br />a duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br />however, that nothing herein shall be construed to require Contractor to indemnify City,
<br />its Council, officers, boards, commissions, agents and employees against any
<br />responsibility or liability in contravention of Section 2782 of the California Civil Code.
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<br />8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and
<br />effect throughout the term of this Agreement Workers' Compensation, employer's
<br />liability, commercial general liability, and owned, non-owned and hired automobile
<br />liability insurance coverage relating to Contractor's Work to be performed hereunder
<br />covering City's risks in form subject to the approval of the City Attorney. The
<br />minimum amounts of coverage corresponding to the aforesaid categories of insurance per
<br />insurable event shall be as follows:
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<br />5
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