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<br />principal amounts, a guarantee of the payment of costs and reasonable <br /> <br />expenses and fees, including reasonable attorneys' fees, incurred by City in the <br /> <br />event of successful enforcement of such security. <br /> <br />Irvine shall defend, protect, indemnify, and hold <br /> <br />4, Hold Harmless. <br /> <br />harmless City, its Council, boards, commissions, officers, employees, agents, <br /> <br />and consultants (collectively, the "Indemnitees"), against and from any and all <br /> <br />liability, losses, damages, claims, causes of action, or actions arising out of, or <br /> <br />alleged to have resulted from, construction of the Street Improvements by Irvine <br /> <br />hereunder, the negligent or willful tortious performance of, or failure to perform, <br /> <br />any duty or responsibility of Irvine hereunder, or any negligent or willful tortious <br /> <br />action of, or failure to act by, Irvine in furtherance of such duty or responsibility. <br /> <br />Irvine shall also defend, protect, indemnify, and hold harmless Indemnitees <br /> <br /> <br />against and from any claims and liability based upon the use, or alleged use, of <br /> <br />any patent or patented article by Irvine in the construction of the Street <br /> <br />Improvements. <br /> <br />Irvine's duty to defend and hold harmless shall include the <br /> <br />responsibility to provide legal representation, the selection of whom shall be <br /> <br />subject to City's approval which approval shall not unreasonably be withheld or <br /> <br />delayed. <br /> <br />5, Insurance. Irvine shall, upon receipt of the notice to proceed given by <br /> <br />City pursuant to paragraph 1, obtain and maintain in full force and effect during <br /> <br />the construction of the Street Improvements and until said Street Improvements <br /> <br />have been accepted by City, at Irvine's own expense and risk, a general <br /> <br />G: \shared\Redwood\Council <br />Agmt-142 <br />DES:rg <br />03/09/98;O3/13/98R <br />,0411 algeR; 05/07/98RRR:06.101/98RRRR <br /> <br />5 <br />