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FXS:dft 5/04/95 (004/73) 5/09/95R 5/17/95R FXS:rg 6/20/95R 7/06/95R 7/20/95R employees or agents in the performance of any services or work pursuant to this Agreement. The duty of CM/GC to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein shall be construed to require CM/GC to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 19. GUARANTEE. Except as otherwise may be provided herein, CM/GC hereby expressly guarantees for one (1) full year from the date of the execution of the certificate of substantial completion of the work under this agreement by the Project Architect, to cause to be repaired or replaced any part of the work performed hereunder which constitutes a defect resulting from the use of inferior or defective materials, equipment or workmanship. If, within said period, any repairs or replacements in connection with the work are, in the opinion of the City Engineer, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, CM/GC agrees, upon receipt of notice from City, and without expense to City to promptly cause to be repaired or replaced such material or workmanship and/or correct any and all defects therein. If CM/GC, after such notice, fails to proceed promptly to comply with the terms of this guarantee, City may perform the work necessary to effectuate such correction and recover the cost thereof from CM/GC or his/her sureties. 13