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<br />under this Agreement within the time herein specified, which bond or instrument of
<br />credit shall be in an amount determined by the City and Agency. Developer shall
<br />likewise cause each and every Contractor performing dewatering, shoring, mass
<br />excavation, piling, structural concrete, waterproofing, plumb'Lng, fire protection, HVAC,
<br />or electrical work in connection with the Project, and any other contractors that the
<br />Developer and City agree upon, prior to the commen nt of excavation or
<br />construction in connection with the Project, to furnish a with the City Clerk and
<br />Agency Secretary a bond, deposit, or instrument o i the kind described in
<br />Sections 66499 et seq. of the California Govern t Code se the payment by
<br />Contractor for labor, materials, equipment or as furnished in ection with the
<br />Project and the doing of all other work h agreed to a done by oper. The
<br />amount of the security shall be One Hundr er 100 %) of the value of the
<br />Contractor's contract for the Pro The sec hall include, in addition to the
<br />principal amounts, a guarantee of t�pay of co d reasonable expenses and
<br />fees, including reasonable attomeys' fes, inct rmexd==-_bv Ci d /or Agency in the event
<br />of successful enforcem..etlfuch seco bonhall be issued by a corporate
<br />surety admitted in xhe — State of=Qalifornia-and shall name the City and the Agency as
<br />joint obligees.
<br />12. Indemnity and
<br />A: -: _ Developer het agrees to defend, indemnify, and save harmless City,
<br />its Council, the Agency, = their- ;:their commissioners, officers, employees and agents,
<br />from and= against any ancta)I claims, suits, actions, liability, loss, damage, expense, cost
<br />(including,* Without limitation, costs and fees of litigation) of every nature, kind or
<br />description, which_ma against, or suffered or sustained by, City, its Council,
<br />the Agency, their & - rrds, commission, officers, employees, or agents, arising out of or
<br />related to the performance of the Services (collectively "Claims "), to the extent caused
<br />in whole or in part by any negligent act or omission of Developer, its officers and
<br />employees, or anyone for whose acts any of them may be liable, except where caused
<br />by the active negligence, sole negligence, or willful misconduct of City or Agency.
<br />Developer shall also protect, defend, indemnify and hold harmless the above -named
<br />parties for any liability from and against Claims based upon the use of any patent,
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