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DES:d~~- 03/10/97 (013/72) <br /> DES:dj_ 03/12/97R <br /> <br />said map, furnish and file with the City Clerk a bond or deposit <br />securing the payment by Owner of all bills for labor and <br />materials incurred in the construction of the Improvements and <br />the doing of all other work herein agreed to be done by Owner, <br />with respect to the Improvements. The amount of said security <br />shall be Two Million Five Hundred Sixty-five Thousand and No/100 <br />Dollars ($2,565,000.00). The aforementioned security shall <br />include, in addition to the principal amounts, a guarantee of the <br />payment of costs and reasonable expenses and fees, including <br />reasonable attorneys fees, incurred by City in the event of <br />successful enforcement of such security. <br /> <br /> 3 HOLD HARMLESS. Owner shall protect, indemnify, and <br /> hold harmless the City, its Council, boards, commissions, <br /> officers, agents, and employees, from and against any and all <br /> liability, losses, damages, claims, causes of action, or actions <br /> arising out of any accident, occurrence or incident resulting <br /> from, or alleged to have resulted from the construction of any of <br /> the Improvements by Owner, the negligent performance of any <br /> contractual responsibility of Owner, or any negligent action of <br /> Owner undertaken by Owner as a result of, or in the furtherance <br /> of, such construction or other responsibility of Owner. Owner <br /> shall also protect, indemnify and hold harmless the above parties <br /> for any liability from and against claims and liability based <br /> upon the use of any patent or patented article by Owner in the <br /> construction of said work or Improvements. Owner's duty to <br /> defend and hold harmless shall include the responsibility to <br /> <br /> 4 <br /> <br /> <br />