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under this Section are intended to apply to fullest extent permitted by law and <br />shall survive the expiration or sooner termination of this Agreement. In any <br />action or claim against Supplier in which City is defending Supplier, Supplier <br />shall have the right to approve legal counsel providing Supplier defense. <br /> <br /> Notwithstanding any provision to the contrary, the indemnification set forth <br />in this paragraph does not in any way change, modify, or alter the contractual <br />duties and liability of Supplier with City regarding the installation, programming, <br />service, and warranty set forth herein. <br /> <br /> 15. Guarantee. Supplier hereby expressly guarantees for one (1) year <br />from the date of Completion to repair or replace any part of the System which <br />constitutes a defect resulting from the use of defective materials or equipment. <br />If, within said period, any repairs or replacements in connection with the work is, <br />in the opinion of the City, rendered necessary as the result of the use of <br />defective materials or components, Supplier agrees, upon receipt of notice from <br />the City, and without expense to the City, to promptly repair or replace such <br />material and/or correct any defects therein. If Supplier, after such notice, fails to <br />proceed promptly to comply with the terms of the guarantee, City may perform <br />the work necessary to effectuate such correction and recover the costs thereof <br />from Supplier. <br /> <br /> Any and all special guarantees which may be applicable to definite parts <br />of the System under this Agreement, shall be considered as an additional <br />guarantee and shall not reduce or limit the guarantee as provided by Supplier <br />pursuant to this paragraph during the first year of the life of such guarantee. <br /> <br /> Agmt-078 1 2 <br /> shared~shsred\Redwood~Council <br /> FXS:rg <br /> o7/~1/97 <br /> 07/25/97R <br /> <br /> <br />