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b. Making all payments to the contractor pursuant to its monthly <br />progress billings; and <br /> c. Making ail payments for testing as required for contract <br /> <br />compliance. <br /> 4. City shail indemnify, defend, and hold harmless the County, its officers, <br /> <br />agents, and employees from ail claims, damages, suits or actions of every name, kind, and <br />description, arising out of or relating to the matters covered by the agreement to the extent <br />such claims, suits or actions are due to the negligence or willful misconduct of City or City's <br />failure to perform obligations required of City under this agreement. <br /> <br /> Likewise, County shail indemnify, defend, and hold harmless City, its <br />officers, agents, and employees from all claims, damages, suits or actions of every name, <br />kind, and description, arising out of or relating to the matters covered by this agreemen! to the <br />extent such claims, suits or actions are due to the negligence or willful misconduct of County <br />or County's failure to perform obligations required of County under this agreement. <br /> <br /> The duty to indemnify and hold harmless includes the duties to defend as <br />set forth in Section 2778 of the California Civil Code. <br /> <br /> City shall require the Contractor to name County, its officers, agents, <br />and employees and County as additional insured on all insurance documents for this project <br />and to include all work performed on behaif of the City in the bonds, warranties and <br />guaranties to be furnished by Contractor. <br /> <br /> The benefits arising under this Section 12 shall include the respective <br /> directors, officers, employees and agents of the parties hereto. <br /> <br /> -3- <br /> <br /> <br />