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<br />defective materials, equipment or workmanship. If, within said period, any repairs
<br />or replacements in connection with the work are, in the opinion of the Manager,
<br />Engineering and Construction, rendered necessary as a result of the use of inferior
<br />or defective materials, equipment or workmanship, Contractor agrees, upon receipt
<br />of notice from City, and without expense to City, to promptly repair or replace such
<br />material or workmanship and/or correct any and all defects therein. If Contractor,
<br />after such notice, fails to proceed promptly to comply with the terms of this
<br />guarantee, City may perform the work necessary to effectuate such correction and
<br />recover the cost thereof from Contractor or his sureties.
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<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 and
<br />shall not reduce or limit the guarantee as provided by Contractor pursuant to this
<br />paragraph during the first year of the life of such guarantee.
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<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees, of and from any and all
<br />claims, suits or actions of every name, kind and description which may be brought
<br />against City, its Council, officers, boards, commissions, agents, or employees by
<br />reason of any injury to or death of any person or damage suffered or sustained by
<br />any person or corporation, caused by, or alleged to have been caused by, any act
<br />or omission to act, negligent or otherwise, of Contractor, its officers, agents or
<br />employees in the performance of any work required of Contractor by this
<br />Agreement.
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<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.
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<br />8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and
<br />effect throughout the term of this Agreement Workers' Compensation, employer's
<br />liability, commercial general liability, and owned, non-owned and hired automobile
<br />liability insurance coverage relating to Contractor's Work to be performed
<br />hereunder covering City's risks in form subject to the approval of the City Attorney.
<br />The minimum amounts of coverage corresponding to the aforesaid categories of
<br />insurance per insurable event shall be as follows:
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<br />5
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