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<br /> workmanship, Contractor agrees, upon receipt of notice from City, and without expense to
<br /> City, to promptly repair or replace such material or workmanship and/or correct any and
<br /> all defects therein. If Contractor, after such notice, fails to proceed promptly to comply
<br /> with the terms of this guarantee, City may perform the work necessary to effectuate such
<br /> correction and recover the cost thereof from Contractor or his sureties'.
<br /> Any and all other special guarantees which may be applicable to definite parts of the work
<br /> under this Agreement shall be considered as an additional guarantee and shall not reduce
<br /> or limit the guarantee as provided by Gontractor pursuant to this paragraph during the first
<br /> year of the life of such guarantee.
<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 /> Counc�l, officers, boards, commissions, agents, or employees by reason of any injury to or
<br /> 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 work
<br /> required of Contractor by this Agreement.
<br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall include a
<br /> duty to defend as set forth in Section 2778 of the California Civil Code; provided, however,
<br /> that nothing herein shall be construed to require Contractor to indemnify City, its Council,
<br /> officers, boards, commissions, agents and employees against any responsibility or liability
<br /> in contravention of Section 2782 of the California Civil Code.
<br /> 8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and effect
<br /> throughout the term of this Agreement Workers' Compensation, employer's liability,
<br /> commercial general liability, and owned, non-owned and hired automobile liability
<br /> insurance coverage relating to Contractor's Work to be performed hereunder covering
<br /> City's risks in form subject to the approval of the City Attorney. The minimum amounts of
<br /> coverage corresponding to the aforesaid categories of insurance per
<br /> Insurance Cateqory Minimum Limits
<br /> Workers' Compensation Statutory minimum.
<br /> Employer's Liability $1,000,000.00 per accident for
<br /> bodily injury or disease.
<br /> Commercial General Liability $1,000,000.00 per occurrence,
<br /> � � $2,000,000.00 for bodily injury, person
<br /> injury and property damage.
<br /> Automobile Liability $1,000,000.00 per accident,
<br /> $2,000,000.00 for bodily injury and
<br /> property damage (coverage required to
<br /> the extent applicable to Contractor's
<br /> vehicle usage in performing work
<br /> hereunder).
<br /> Any deductibles or self-insured retentions must be declared to, and approved by City. At
<br /> the option of City either Contractor's insurer shall reduce or eliminate the deductibles or
<br /> Agmt-371 5
<br /> DES:djk
<br /> F:/Shared/Redwood/Council
<br /> 07/24/00
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