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e. a maintenance bond for a period of one year following final acceptance by the City Council of said public improvements valued at ten percent (10%) of the estimated value of the public improvements. One bond shall be in the amount of 100% of the total estimated cost of the public improvements, conditioned upon faithful performance of this Agreement, and one bond in the amount of 100% of the total estimated cost of the work for public improvements shall secure payment for labor and materials Instruments of credit shall be in an amount not less than 100% of the total estimated cost of improvements which is as follows: $100, 848 In the event of any breach by Developer, City may take over the work and prosecute the same to completion by any method the City deems advisable. Said work shall be for the account and at the expense of the Developer. Developer shall be liable to the City for any excess costs or damages suffered by the City. 8. Defects. Developer shall be liable for defects in workmanship and materials on all of the above described improvements for a period of one (1) year after acceptance and, as security for liability against such defects, Developer shall file improvement or maintenance security with the City Clerk, of a type approved by the City Attorney, in the amount of ten (10) percent of the total estimated cost set forth above. 9. Workers' Compensation. Before commencing work under this contract, Developer shall take out and maintain during the course of this Agreement, such workers' compensation insurance as required by the laws of the State of California. If the Acting General Contractor is not the Developer, then the General Contractor will provide the City with said certificate of workers' compensation insurance prior to start of construction. On failing to do so, the City may procure such insurance for the Developer and the Developer shall pay the cost. 10. Hold Harmless. Developer shall hold City, its elective and appointive Boards, Commissions, and Council, its officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims from property damage which may arise from the work of Developer, or Developer's contractors, subcontractors, agents, or employees under this Agreement, whether such work be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly employed by, or acting as agent for, Developer or any of Developer's contractors, or subcontractors. Developer agrees to, and shall, defend City and its elective and appointive Boards, Commissions, and Council, and its officers, agents and employees from any suits or actions at law or equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid work. In addition to the above: contracts/lui.sam.sm - 3 -