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expenses and fees, including reasonable attorneys' fees, incurred by City in the <br />event of successful enforcement of such security. <br /> <br /> 3. Hold Harmless. Builder shall defend, protect, indemnify, and hold <br />harmless City, its Council, boards, commissions, officers, employees, agents, <br />and consultants (collectively, the "Indemnities"), against and from any and all <br />liability, losses, damages, claims, causes of action, or actions arising out of, or <br />alleged to have resulted from, construction of the Bridge Improvements by <br />Builder hereunder, the negligent or willful tortious performance of, or failure to <br />perform, any duty or responsibility of Builder hereunder, or any negligent or willful <br />tortious action of, or failure to act by, Builder in furtherance of such duty or <br />responsibility. Builder shall also defend, protect, indemnify, and hold harmless <br />Indemnities against and from any claims and liability based upon the use, or <br />alleged use, of any patent or patented article by Builder in the construction of the <br />Bridge Improvements. Builder's duty to defend and hold harmless shall include <br />the responsibility to provide legal representation, the selection of whom shall be <br />subject to City's approval which approval shall not unreasonably be withheld or <br />delayed. <br /> <br /> 4. Insurance. Builder shall, upon receipt of the notice to proceed given <br />by City pursuant to paragraph 1, obtain and maintain in full force and effect <br />during the construction of the Bridge Improvements and until said Bridge <br />Improvements have been accepted by City, at Builder's own expense and risk, a <br />general comprehensive liability insurance policy, and further, shall furnish <br />evidence of such insurance by filing copies of the declaration page or information <br /> <br />F:Atty2001Shared/Redwood/Coun cil/Agmt/Agmt-508 4 <br /> <br /> <br />