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<br />Code, securing the faithful performance of all work and the construction of the <br /> <br />Improvements mentioned in this Agreement within the time herein specified. <br /> <br />The <br /> <br />amount of said security shall be One Million Three Hundred Sixty-five Thousand and <br /> <br />No/100 Dollars ($1,365,000.00). Owner shall likewise, prior to the commencement of <br /> <br />any work of improvement on the Improvements, furnish and file with the City Clerk a <br /> <br />bond, deposit, or instrument of credit of the kind described in Sections 66499, et seq., of <br /> <br />the Government Code securing the payment by Owner of all bills for labor and materials <br /> <br />incurred in the construction of the Improvements and the doing of all other work herein <br /> <br />agreed to be done by Owner, with respect to the Improvements. The amount of said <br /> <br />security shall be One Million Three Hundred Sixty-five Thousand and No/100 Dollars <br /> <br />($1,365,000.00). The aforementioned security shall include, in addition to the principal <br /> <br />amounts, a guarantee of the payment of costs and reasonable expenses and fees, <br /> <br />including reasonable attorneys' fees, incurred by City in the event of successful <br /> <br />enforcement of such security. All bonds shall be issued by a corporate surety admitted <br /> <br />in the State of California. <br /> <br />3. Hold Harmless. Owner shall protect, indemnify, and hold harmless the City, <br /> <br />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 <br /> <br />construction of any of the Improvements by Owner, the negligent performance of any <br /> <br />contractual responsibility of Owner, or any negligent action of Owner undertaken by <br /> <br />Owner as a result of, or in the furtherance of, such construction or other responsibility of <br /> <br />Owner. Owner shall also protect, indemnify, and hold harmless the above parties for <br /> <br />any liability from and against claims and liability based upon the use of any patent or <br /> <br />patented article by Owner in the construction of said work or Improvements. Owner's <br /> <br />Agmt-415 <br />F :/SharedlRedwoodlCounci I <br />FXS:djk <br />10/24/00 <br /> <br />3 <br /> <br />.-., .- .. -'--'-'- .... <br />