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<br />herein provided, and in case the same are not paid, agrees that City may deduct
<br />the amount thereof from any monies due or that may become due under this
<br />Agreement.
<br />
<br />6.
<br />
<br />It is further agreed that in case the work called for under this Agreement is not
<br />completed in all of its parts and requirements within the number of calendar days
<br />specified, City shall have the right to increase the number of calendar days or
<br />not, as may seem best to serve the interest of City; and if it is decided to increase
<br />the said number of calendar days, City shall further have the right to charge to
<br />Contractor, and deduct from the final payment for the work, all or any part, as
<br />City may deem proper, of the actual cost of engineering, inspection,
<br />superintendence, and other overhead expenses of City which are directly
<br />chargeable to this Agreement, except that the cost of final surveys and the
<br />preparation of the final estimate shall not be included in such charges to be paid
<br />by Contractor.
<br />
<br />Except as otherwise may be provided herein, Contractor hereby expressly
<br />guarantees for one (1) full year from the date of the final completion of the work
<br />under this Agreement and acceptance thereof by City's City Council, to repair or
<br />replace any part of the work performed hereunder which constitutes a defect
<br />resulting from the use of inferior or defective materials, equipment or
<br />workmanship. If, within said period, any repairs or replacements in connection
<br />with the work are, in the opinion of the Manager, Engineering and Construction,
<br />rendered necessary as a result of the use of inferior or defective materials,
<br />equipment or workmanship, Contractor agrees, upon receipt of notice from City,
<br />and without expense to City, to promptly repair or replace such material or
<br />workmanship and/or correct any and all defects therein. If Contractor, after such
<br />notice, fails to proceed promptly to comply with the terms of this guarantee, City
<br />may perform the work necessary to effectuate such correction and recover the
<br />cost thereof from Contractor or his sureties.
<br />
<br />Any and all other special guarantees which may be applicable to definite parts of
<br />the work under this Agreement shall be considered as an additional guarantee
<br />and shall not reduce or limit the guarantee as provided by Contractor pursuant to
<br />this paragraph during the first year of the life of such guarantee.
<br />
<br />7.
<br />
<br />Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees of and from any and all
<br />claims, suits or actions of every name, kind and description which may be
<br />brought against City, its Council, officers, boards, commissions, agents, or
<br />employees by reason of any injury to or death of any person or damage suffered
<br />or sustained by any person or corporation, caused by, or alleged to have been
<br />caused by, any act or omission to act, negligent or otherwise, of Contractor, its
<br />officers, agents or employees in the performance of any work required of
<br />Contractor by this Agreement.
<br />
<br />-5-
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<br />-- 11"
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