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- DES:djk 05/01/97
<br /> G:Shared/Redwood/Cotmcil/Agmt-076
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<br /> defective materials, equipment or workmanship. If, within said period, any repairs or
<br /> replacements in connection.with the work are, in the opinion of the City Engineer,
<br /> rendered necessary as a result of the use of inferior or defective materials, equipment or
<br /> workmanship, Contractor agrees, upon receipt of notice from City, and without expense
<br /> to City, to promptly repair or replace such material or .workmanship and/or correct any
<br /> and all defects therein. If Contractor, after such notice, fails to proceed promptly to
<br /> comply with the terms of this guarantee, City may perform the work necessary to
<br /> effectuate such correction and 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 the
<br /> work under this Agreement shall be considered as an additional guarantee and shall not
<br /> reduce or limit the guarantee as provided by Contractor pursuant to this paragraph
<br /> 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, officers,
<br /> boards, commissions, agents and employees of and from any and all claims, suits or
<br /> actions of every name, kind and description which may be brought against City, its
<br /> Council, officers, boards, commissions, agents, or employees by reason of any injury to
<br /> or death of any person or damage suffered or sustained by any person or corporation,
<br /> caused by, or alleged to have been caused by, any act or omission to act, negligent or
<br /> otherwise, of Contractor, its officers, agents or employees in the performance of any
<br /> work required of Contractor by this Agreement.
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<br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall include
<br /> a duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br /> however, that nothing herein shall be construed to require Contractor to indemnify City,
<br /> its Council, officers, boards, commissions, agents and employees against any
<br /> responsibility or liability in contravention of Section 2782 of the 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 hereunder
<br /> covering City's risks in form subject to the approval of the City Attorney. The
<br /> minimum amounts of coverage corresponding to the aforesaid categories of insurance per
<br /> insurable event shall be as follows:
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