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<br />6. Except as otherwise may be provided herein, Contractor hereby expressly
<br />guarantees for one (1) full year from the date of the final completion of the work
<br />under this Agreement and acceptance thereof by City's City Council, to repair or
<br />replace any part of the work performed hereunder which constitutes a defect
<br />resulting from the use of inferior or defective materials, equipment or
<br />workmanship. If, within said period, any repairs or replacements in connection
<br />with the work are, in the opinion of the Manager,
<br />
<br />Engineering and Construction, rendered necessary as a result of the use of
<br />inferior or defective materials, equipment or workmanship, Contractor agrees,
<br />upon receipt of notice from City, and without expense to City, to promptly repair
<br />or replace such material or workmanship and/or correct any and all defects
<br />therein. If Contractor, after such notice, fails to proceed promptly to comply with
<br />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.
<br />
<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
<br />and shall not reduce or limit the guarantee as provided by Contractor pursuant to
<br />this paragraph during the first year of the life of such guarantee.
<br />
<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees, as well as Shapell
<br />Industries, Electronic Arts, Inc., and Hastings of Redwood Shores Home Owners
<br />Association of and from any and all claims, suits or actions of every name, kind
<br />and description which may be brought against City, its Council, officers, boards,
<br />commissions, agents, or employees by reason of any injury to or death of any
<br />person or damage suffered or sustained by any person or corporation, caused
<br />by, or alleged to have been caused by, any act or omission to act, negligent or
<br />otherwise, of Contractor, its officers, agents or employees in the performance of
<br />any work required of Contractor by this 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
<br />and effect throughout the term of this Agreement Workers' Compensation,
<br />employer's liability, commercial general liability, and owned, non-owned and
<br />hired automobile liability insurance coverage relating to Contractor's Work to be
<br />performed hereunder covering City's risks in form subject to the approval of the
<br />City Attorney. The minimum amounts of coverage corresponding to the
<br />aforesaid categories of insurance per insurable event shall be as follows:
<br />
<br />ATTY/AGR/2007.027
<br />061507
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