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DES:djk 08/01/97 <br /> F:Shar~d/Rcdwood/Council/Agmt' 100 <br /> <br /> City, to promptly repair or replace such material or workmanship and/or correct any and <br /> all defects therein. If Contractor, after such notice, fails to proceed promptly to comply <br /> with the terms of this guarantee, City may perform the work necessary to effectuate such <br /> correction and recover the cost thereof from Contractor or his sureties. <br /> <br /> Any and all other special guarantees which may be applicable to definite parts of the work <br /> under this Agreement shall be considered as an additional guarantee and shall not reduce <br /> or limit the guarantee as provided by Contractor pursuant to this paragraph during the first <br /> year of the life of such guarantee. <br /> <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 or <br /> death of any person or damage suffered or sustained by any person or corporation, caused <br /> by, or alleged to have been caused by, any act or omission to act, negligent or otherwise, of <br /> Contractor, its officers, agents or employees in the performance of any work required of <br /> Contractor by this Agreement. <br /> <br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall include a <br /> 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, its <br /> Council, officers, boards, commissions, agents and employees against any responsibility or <br /> liability in contravention of Section 2782 of the California Civil Code. <br /> <br /> 8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and effect <br /> throughout the term of this Agreement Workers' Compensation, employer's liability, <br /> commercial general liability, and owned, non-owned and hired automobile liability <br /> insurance coverage relating to Contractor's Work to be performed hereunder covering <br /> City's risks in form subject to the approval of the City Attorney. The minimum amounts of <br /> coverage corresponding to the aforesaid categories of insurance per insurable event shall <br /> be as follows: <br /> <br /> Insurance Category Minimum Limits <br /> Workers' Compensation Statutory minimum. <br /> Employer's Liability $1,000,000.00 per accident for <br /> bodily injury or disease. <br /> Commercial General Liability $1,000,000.00 per occurrence for <br /> bodily injury, personal injury and <br /> property damage. <br /> Automobile Liability $1,000,000.00 per accident for <br /> bodily injury and property <br /> damage (coverage required to the <br /> extent applicable to Contractor's <br /> vehicle usage in performing work <br /> hereunder). <br /> <br /> <br />