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8A Page 11 Con#�actor shafl procure a bond guaranteeing payment of losses and related investigation, claims administratian and defense expenses. C. City and Contractor waive ait rights against each other and against a!I other subcon#ractors for foss or damage to the extent covered by insurance applicable to the Work, tf the poficies af insurance referred to in this seetion require an endorsement o� consent of the insurance company to provide for con#inued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent. SECTION 13-MISCELLANEOUS A. Cleanup: Contractar shall perform the Work sa as to mairttain the site in a cfean,safe,and order�y candition. Contractor shatt remove fram the site alt tempocary structures,deb�is, and waste i�ciden#to its vperation and clean all surfaces,fixtures,equipment,and the[ike. In addition,City may order Contractor to clean up its work areas at any time City deems such action necessary. B. Notices: Ali notices required or permitt�d under this Cantract shalt be in wriflng and may be accomplished by personal deiivery,frrst-class regular mail of the United States Pos#al Service, Federal Express or other next day delivery,sent to the party at the address shown in this Contract,or by facsimile sent to the facsimife number shown in this Contract with confirmation of successfuf transmission. Any s�ch wriften nofice shatt be effective upon the date of receipt. C. References: Words used in this Contract in the present tense include the future as well as the present;words used in the masculine gender include the feminine and neuter;and the singular number includes the plural and the plura{the singufar. D. Waiver Savings Clausg: Waiver by Owner or Contractor of any breach hereof by Contractor shall not constitute a waiver af any subseq�en#breach of the same or any other provision. If any provision of this Contract,or any part thereaf,shall be hetd to be invalid under any applicable federal,state,municipal, or other law,ruling,or regulation,then such provisian shall remain in effect#o the e�ent permitted,and the remaining provisions af this Canfract shall remain in full force and effect, E. Gaverninn Law: This Contract shali be governed and canstrued in accordance with the laws of the State o#Gali#omia. F. General Provisions: The provisions of this Contract shall extend to,bind and inure to the benefrt of the parties heretp and their respective personaf representatives, heirs,successors and assigns. G. Execution. This Contract may be executed in one or more identical counterparts. If so executed, each of the counterparts is to be deemed an original for all purposes and atl such counterparts shatl collectively constitute one agreement,but in making proof of this agreement, it shatl not be necessary to produce or accounf for more than one of such counterparts. SECTtON 14-WARRANTY Contractor warrants ta Ci#y that ail materials and equipment fumished sha(I be new, and #hat a11 work, materials and equipment shali be free from faults and defects and of good quality. Contractor hereby warrants its work against alf deficiencies and defects for a period of one year#rom the date af instal[ation, and shail repair or replace, at City's optian, any i#ems or work found to be defeciive within tha# time. Contractor shai! make the repa+r or replacement promptly, starting no later than five days after written notice from Cify. If Contractor fails fo commence the repair or rep(acement wi#hin that time, City may perform the reguired work and deduct afl costs from amounts due,or to become due to Contractor. A7TY/AGR/2008.079 7 100708