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<br />surveys and the preparation of the final estimate shall not be included in such charges to <br /> <br />be paid by Contractor. <br /> <br />9. <br /> <br />Except as otherwise may be provided herein, Contractor hereby <br /> <br />expressly guarantees for one (I) full year from the date of the final completion of the <br /> <br />work under this Agreement and acceptance thereof by City's City Council, to repair or <br /> <br />replace any part of the work performed hereunder which constitutes a defect resulting <br /> <br />from the use of inferior or defective materials, equipment or workmanship. If, within <br /> <br />said period, any repairs or replacements in connection with the work are, in the opinion <br /> <br />of the City Engineer, rendered necessary as a result of the use of inferior or defective <br /> <br />materials, equipment or workmanship, Contractor agrees, upon receipt of notice from <br /> <br />City, and without expense to City, to promptly repair or replace such material or <br /> <br />workmanship and/or correct any and all defects therein. If Contractor, after such notice, <br /> <br />fails to proceed promptly to comply with the terms of this guarantee, City may perform <br /> <br />the work necessary to effectuate such correction and recover the cost thereof from <br /> <br />Contractor or his sureties. <br /> <br />Any and all other special guarantees which may be applicable to definite parts <br /> <br />of the work under this Agreement shall be considered as an additional guarantee and <br /> <br />shall not reduce or limit the guarantee as provided by Contractor pursuant to this <br /> <br />paragraph during the first year of the life of such guarantee. <br /> <br />10. <br /> <br />Contractor hereby agrees to indemnify and save harmless City, its <br /> <br />Council, officers, boards, commissions, agents and employees of and from any and all <br /> <br />claims, suits or actions of every name, kind and description which may be brought <br /> <br />against City, its Council, officers, boards, commissions, agents, or employees by reason <br /> <br />AGREEMENT <br />2/10/98 <br /> <br />11 <br />