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<br />SECTION 10 - TERMINATION
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<br />A. Should Contractor fail within three (3) working days from receipt of City's written notice to correct
<br />any contractual deficiencies, including but not limited to failure perform the Work in accordance with the
<br />Contract Documents, failure to comply with the directions of City, or failure pay its creditors, City may
<br />terminate this Contract. Following a termination for default, City shall have the right to take whatever
<br />steps it deems necessary to correct and complete the Work and charge the cost thereof to Contractor,
<br />who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and
<br />attorneys' fees.
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<br />B. City may at any time terminate the Contract at City's convenience upon five days written notice to
<br />Contractor; in the event of termination for convenience, Contractor shall recover only the amount due for
<br />work completed to the date of termination. Contractor shall not be entitled to any claim or lien against
<br />City for any additional compensation or damages in the event of such termination.
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<br />C. If City terminates Contractor for cause, and if it is later determined that the termination was
<br />wrongful, such default termination shall automatically be converted to and treated as a termination for
<br />convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this
<br />section, and Contractor specifically waives any claim for any other amounts or damages, including, but
<br />not limited to, any claim for consequential damages or lost profits.
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<br />SECTION 11- HOLD HARMLESS AND INDEMNIFICATION
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<br />A. The City of Redwood City and all officers and employees thereof connected with the Work shall
<br />not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or
<br />any part thereof; for any loss or damage to any of the materials or other things used or employed in
<br />performing the Work; for injury to or death of any person; or for damage to property from any cause
<br />except losses due to sole or active negligence of the City of Redwood City's officers or employees.
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<br />B. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the
<br />City of Redwood City, its elected and appointed officials, contractors, and employees and agents, from all
<br />liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including
<br />attorney's fees and other defense costs, resulting from injury to or death sustained by any person
<br />(including Contractor's employees), or damage to property of any kind, or any other injury or damage
<br />whatsoever, which injury, death or damage arises out of or is in any way connected with the performance
<br />of the Work, regardless of the Contractor's fault or negligence, including any of the same resulting from
<br />City's alleged or actual negligent act or omission, or its agents, contractors or employees; except that said
<br />indemnity shall not be applicable to injury, death or damage to property arising from the sole or active
<br />negligence or willful misconduct of City, its officers, agents, or servants who are directly responsible to
<br />City. This indemnification shall extend to claims asserted after termination of this Contract for whatever
<br />reason.
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<br />C. In addition to any remedy authorized by law, so much of the money due the Contractor under
<br />and by virtue of the contract as shall be considered necessary by the City, may be retained by the City of
<br />Redwood City until disposition has been made of such suits or claims for damage.
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<br />SECTION 12 - BONDS AND INSURANCE
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<br />A. No bonds are required for this Contract.
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<br />B. Insurance
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<br />1. Contractor shall obtain, at its sole cost and expense, all insurance required by this
<br />section 12.B. Certificates of such insurance and copies of the insurance policies and
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