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3. Hold Harmless. Owner shall protect, indemnify, and hold harmless the City, its Council, boards, commissions, officers, agents, and employees, from and against any and all liability, losses, damages, claims, causes of action, or actions arising out of any accident, occurrence or incident resulting'" from, or alleged to have resulted from the construction of any of the Improvements by Owner, the negligent performance of any contractual responsibility of Owner, or any negligent action of Owner undertaken by Owner as a result of, or in the furtherance of, such construction or other responsibility of Owner. Owner shall also protect, indemnify, and hold harmless the above parties for any liability from and against claims and liability based upon the use of any patent or patented article by Owner in the construction of said work or Improvements. Owner's duty to defend and hold harmless shall include the responsibility to provide legal representation, the selection of whom shall be subject to City's approval. 4. Insurance. Owner shall, prior to the release of this agreement to Owner, obtain and maintain in full force and effect during the term of this agreement, at owner's own expense and risk, a general comprehensive liability insurance policy, and further, shall furnish evidence of such insurance by filing copies of the declaration page or information page and a certificate of insurance with the City Clerk, which copies shall be accompanied by such endorsements as may be necessary to show compliance with all of the requirements of this paragraph. Such insurance shall name the City of Redwood City, its Council, boards, commissions, officers, agents, and employees as insureds or additional F: \shared\Redwood\Council Agmt-O86 FXS:djk 06/05/97 4