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<br />employees, agents, representatives, or contractors the negligent or willful <br /> <br />performance of any contractual responsibility of Owner, its employees, agents, <br /> <br />representatives, or contractors, or any negligent or willful action of Owner, its <br /> <br />employees, agents, representatives, or contractors undertaken by Owner as a result <br /> <br />of, or in the furtherance of, such construction or other responsibility of Owner. <br /> <br />Owner shall also protect, indemnify and hold harmless the Indemnitees or any of <br /> <br />them from any liability from and against claims and liability based upon the use,of <br /> <br />any patent or patented article by Owner in the construction of the Improvements. <br /> <br />Owner's duty to defend and hold harmless includes the responsibility to provide <br /> <br />legal representation, the selection of which is subject to City's approval. <br /> <br />4. <br /> <br />INSURANCE. Owner shall, before the release of the Final Map by City <br /> <br />insurance policy, and further, shall furnish evidence of such insurance by filing <br /> <br /> <br />for recordation, obtain and maintain in full force and effect during the term of this <br /> <br />Agreement, at Owner's own expense and risk, a general comprehensive liability <br /> <br />copies of the declaration page or information page and a certificate of insurance with <br /> <br />the City Clerk, which copies must be accompanied by those endorsements necessary <br /> <br />to show compliance with all of the requirements of this paragraph. That insurance <br /> <br />must: <br /> <br />a) <br /> <br />Name the Indemnitees as insureds or additional insureds; <br /> <br />b) <br /> <br />Indemnify the Indemnitees against liability or loss or damage for <br /> <br />personal injury including death, and property damage occasioned by the <br /> <br />operations of Owner or Owner's contractors or subcontractors under the <br /> <br />terms of this agreement; <br /> <br />-4- <br />