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Documents & Data. Contractor makes no such representation and warranty in regard to
<br /> Documents & Data which were provided to Contractor by the City. City shall not be limited in
<br /> any way in its use of the Documents and Data at any time, provided that any such use not within
<br /> the purposes intended by this Agreement shall be at City's sole risk.
<br /> 7. INSURANCE
<br /> Contractor shall provide insurance coverage as provided in the attached Exhibit C.
<br /> 8. BONDS
<br /> Contractor shall furnish a bond to be approved by the City, in an amount equal to One
<br /> Hundred Percent (100%) of the compensation listed in Section 2(a) above, to guarantee the faithful
<br /> performance of the work (Performance Bond), This Agreement shall not become effective until
<br /> such bond is supplied to and approved by City.
<br /> Contractor shall ensure the Performance Bond, as described above, shall remain in full
<br /> force and effect, covering all work performed under this Agreement, for a period of two (2) years
<br /> from the date of completion of all work. Such bond shall be in addition to any warranties on work
<br /> or installed equipment provided by Contractor or manufacturer,
<br /> 9. INDEMNIFICATION
<br /> Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br /> agents, employees, contractors, special counsel,and representatives from liability: (1) for personal
<br /> injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for
<br /> personal injury, including death, and claims for property damage, which may arise from the
<br /> negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
<br /> acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br /> from any claim that personal injury, damages,just compensation, restitution,judicial or equitable
<br /> relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
<br /> hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial
<br /> or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br /> this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
<br /> further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br /> fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br /> challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br /> compensation, restitution,judicial or equitable relief due to personal or property rights arises by
<br /> reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br /> decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
<br /> to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
<br /> shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br /> pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
<br /> 10. INTELLECTUAL PROPERTY INDEMNIFICATION
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