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<br />3. HOLD HARMLESS. Owner shall protect, indemnify, and hold harmless the <br /> <br />City, its Council, boards, commissions, officers, agents, and employees, from and <br /> <br />against any and all liability, losses, damages, claims, causes of action, or actions <br /> <br />arising out of any accident, occurrence or incident resulting from, or alleged to have <br /> <br />resulted from the construction of any of the Improvements by Owner, the negligent <br /> <br />performance of any contractual responsibility of Owner, or any negligent action of <br /> <br />Owner undertaken by Owner as a result of, or in the furtherance of, such construction <br /> <br />or other responsibility of Owner. Owner shall also protect, indemnify and hold harmless <br /> <br />the above parties for any liability from and against claims and liability based upon the <br /> <br />use of any patent or patented article by Owner in the construction of said work or <br /> <br />Improvements. <br /> <br />Owner's duty to defend and hold harmless shall include the <br /> <br />responsibility to provide legal representation, the selection of who shall be subject to <br /> <br />City's approval. <br /> <br />4. INSURANCE. Owner shall, before the release of said final map by City for <br /> <br />recordation, obtain and maintain in full force and effect during the term of this <br /> <br />Agreement, at Owner's own expense and risk, Worker's Compensation, a general <br /> <br />comprehensive liability insurance policy, and owned, non-owned, and hired automobile <br /> <br />liability insurance. The minimum amounts of coverage corresponding to the aforesaid <br /> <br />categories of insurance per insurable event shall be as follows: <br /> <br />Atty/Agr/2005.065 <br />083005 <br /> <br />4 <br /> <br />sllibrary/agreementslsubdivision/Subdivision - T oyon Way <br />