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responsibility for certifying or obtaining certification of the compaction of backfill material over the IRWD FACILITIES. SECTION 13. At the time of completion and acceptance of the IRWD FACILITIES, CITY agrees to furnish IRWD with "as-built" drawings and one (1) copy each of the compaction reports, certificate and cut sheets, as requested by IRWD. SECTION 14. It is mutually agreed between the parties hereto that notwithstanding the fact that CITY shall accomplish the design or construction of the IRWD FACILITIES subject to reimbursement, IRWD FACILITIES to be completed hereunder, rights-of--way, and other privileges, shall at all times be subject to the applicable rates, rules and regulations of IRWD, as modified or amended from time to time. CITY hereby disclaims any interest in IRWD FACILITIES and by acceptance of the Project which includes the IRWD FACILITIES, transfers and assigns to IRWD any and all right, title, and interest it may have in the IRWD FACILITIES. IRWD shall own, operate and maintain the IRWD FACILITIES following acceptance thereof. SECTION 15. CITY agrees to cause its contractor for the IRWD FACILITIES to guarantee the IRWD FACILITIES against defects in workmanship and materials for a period of one (1) year from the date of acceptance by IRWD. It is further agreed that CITY shall assume the responsibility for causing the IRWD FACILITIES to be brought or restored to full compliance with the requirements of the Plans and Specifications, including any test requirements, for any portion of the IRWD FACILITIES which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. This guarantee is in addition to any and all other warranties, expressed or implied, from CITY contractors or material manufacturers with respect to the IRWD FACILITIES. The guarantee and obligations under this section shall in no way be relieved by IRWD inspection and/or approval of the IRWD FACILITIES. This section sets forth the entire agreement of CITY with respect to guarantees and warranties of the IRWD FACILITIES, but this section shall in no way limit any expressed or implied warranties of other persons with respect to the IRWD FACILITIES. SECTION 16. CITY shall indemnify, defend and hold IRWD, its officers, agents and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the IRWD FACILITIES and prior to acceptance by IRWD, as a result of any work or action performed by CITY or on behalf of CITY, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately Revised 12/22/04 25E 57