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<br />of successful enforcement of such security. All bonds shall be issued by a corporate <br /> <br />surety admitted in the State of California. Bonds or instruments of credit shall be <br /> <br />furnished and filed by the Owner. <br /> <br />3. Hold Harmless. Owner shall protect, indemnify, and hold harmless the City, <br /> <br />its Council, boards, commissions, officers, agents, and employees, from and against <br /> <br />any and all liability, losses, damages, claims, causes of action, or actions arising out of <br /> <br />any accident, occurrence or incident resulting from, or alleged to have resulted from the <br /> <br />construction of any of the Improvements by Owner, the negligent performance of any <br /> <br />contractual responsibility of Owner, or any negligent action of Owner undertaken by <br /> <br />Owner as a result of, or in the furtherance of, such construction or other responsibility of <br /> <br />Owner. Owner shall also protect, indemnify, and hold harmless the above parties for <br /> <br />any liability from and against claims and liability based upon the use of any patent or <br /> <br />patented article by Owner in the construction of said work or Improvements. Owner's <br /> <br />duty to defend and hold harmless shall include the responsibility to provide legal <br /> <br />representation, the selection of whom shall be subject to City's approval. <br /> <br />4. Insurance. Owner shall, upon execution of this Agreement by Owner, obtain, <br /> <br />and maintain in full force and effect during the term of this Agreement, at Owner's own <br /> <br />expense and risk, a general comprehensive liability insurance policy, and further, shall <br /> <br />furnish evidence of such insurance by filing copies of the declaration page or <br /> <br />information page and a certificate of insurance with the City Clerk, which copies shall be <br /> <br />accompanied by such endorsements as may be necessary to show compliance with all <br /> <br />Agmt-406 <br />F :\sh\sh\Redwood\Council <br />FXS:rg <br />1 0/03/00 <br /> <br />4 <br />