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If, within said period, any repairs or replacements in connection with the work are,
<br /> in the opinion of the Manager, Engineering and Construction, rendered necessary
<br /> as a result of the use of inferior or defective materials, equipment or workmanship,
<br /> Contractor agrees, upon receipt of notice from City, and without expense to City, to
<br /> promptly repair or replace such material or workmanship and/or correct any and all
<br /> 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
<br /> such correction and recover the cost thereof from Contractor or his sureties.
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<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 and
<br /> shall not reduce or limit the guarantee as provided by Contractor pursuant to this
<br /> paragraph during the first year of the life of such guarantee.
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<br /> 7. 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 brought
<br /> against City, its Council, officers, boards, commissions, agents, or employees by
<br /> reason of any injury to or death of any person or damage suffered or sustained by
<br /> any person or corporation, caused by, or alleged to have been caused by, any act
<br /> or omission to act, negligent or otherwise, of Contractor, its officers, agents or
<br /> employees in the performance of any work required of Contractor by this
<br /> Agreement.
<br />
<br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall
<br /> include a duty to defend as set forth in Section 2778 of the California Civil Code;
<br /> provided, however, that nothing herein shall be construed to require Contractor to
<br /> indemnify City, its Council, officers, boards, commissions, agents and employees
<br /> against any responsibility or liability in contravention of Section 2782 of the
<br /> California Civil Code.
<br />
<br /> 8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and
<br /> effect throughout the term of this Agreement Workers' Compensation, employer's
<br /> liability, commercial general liability, and owned, non-owned and hired automobile
<br /> liability insurance coverage relating to Contractor's Work to be performed
<br /> hereunder covering City's risks in form subject to the approval of the City Attorney.
<br /> The minimum amounts of coverage corresponding to the aforesaid categories of
<br /> insurance per insurable event shall be as follows:
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<br />F:Atty/Agr/Agr.059
<br />071902
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