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under this Agreement and acceptance thereof by City's City Council, to repair or
<br /> replace any part of the work performed hereunder which constitutes a defect
<br /> resulting from the use of infedor or defective materials, equipment or
<br /> workmanship. If, within said pedod, any repairs or replacements in connection
<br /> with the work are, in the opinion of the City Engineer, rendered necessary as a
<br /> result of the use of infedor or defective materials, equipment or workmanship,
<br /> Contractor agrees, upon receipt of notice from City, and without expense to City,
<br /> to promptly repair or replace such matedal or workmanship and/or correct any and ·
<br /> 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
<br /> 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
<br /> and shall not reduce or limit the guarantee as provided by Contractor pursuant to
<br /> this paragraph dudng 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
<br /> and effect throughout the term of this Agreement Workers' Compensation,
<br /> employer's liability, commercial general liability, and owned, non-owned and hired
<br /> automobile liability insurance coverage relating to Contractor's Work to be
<br /> performed hereunder covedng City's dsks in form subject to the approval of the
<br /> City Attorney. The minimum amounts of coverage corresponding to the aforesaid
<br /> categories of insurance per insurable event shall be as follows:
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<br />AGREEMENT 00200-5
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