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credit of the kind described in Section 66499, et seq., of the Government Code <br />securing the payment by Subdivider of all bills for labor and materials incurred in <br />the construction of any and all improvements and the doing of all other work <br />herein agreed to be done by Subdivider, with respect to the improvements, <br />including the Restoration Work. The amount of said security shall be Five <br />Hundred Sixty Thousand Dollars ($560,000). The aforementioned security shall <br />include, in addition to the principal amounts, a guarantee of the payment of costs <br />and reasonable expenses and fees, including reasonable attorneys' fees, <br />incurred by City in the event of successful enforcement of such security. <br /> <br /> 3. Subdivider shall protect, indemnify, and hold harmless the City, its <br />Council, boards, commissions, officers, agents, and employees, from any and all <br />liability, losses, damages, claims, causes of action, or actions arising out of any <br />accident, occurrence or incident resulting from, or alleged to have resulted from <br />the construction of any of the improvements by Subdivider, or the failure to <br />perform or the negligent performance of any contractual responsibility of <br />Subdivider, or any negligent action of Subdivider undertaken by Subdivider as a <br />result of, or in the furtherance of, such construction or other responsibility of <br />Subdivider. Subdivider shall also protect, indemnify, and hold harmless the <br />above parties for any liability from and against claims and liability based upon the <br />use of any patent or patented article by Subdivider in the construction of said <br />work or improvements. Subdivider's duty to defend and hold harmless shall <br />include the responsibility to provide legal representation, the selection of whom <br />shall be subject to City's approval. <br /> <br />F:tshared~Redwood~Council 3 <br />Agrnt-124 <br />FXS:rg <br />10/07/97 <br /> <br /> <br />