THREEHAND 07-058 - Laserfiche WebLink

In the event of any breach by Threehand or the General Contractor, City may take over the work and prosecute the same to completion by any method the City deems advisable. In the event that a letter of credit is employed as the vehicle for security under this Section 7 for labor and materials, upon approval by the City Engineer, Threehand shall have the right to reduce the amount of the letter of credit during the course of construction in an amount equal to verified payments made by Threehand made for invoices presented in connection with construction and installation ofthe Improvements, and lien releases submitted to the City. 8. Defects. Threehand shall by written contract require that the General Contractor warrant to the City that all materials and equipment furnished shall be new unless otherwise specified and that all work performed on the Improvements shall be performed in a good and workmanlike manner and in conformance with the City- approved Improvement plans and any related specifications. Within one (1) year of the City's acceptance of the Improvements, City shall provide prompt written notice of all defects to Threehand and to the General Contractor. Threehand, by contract, shall require the General Contractor to promptly make the necessary corrections. 9. Worker's Compensation. Before commencing work under this Agreement, Threehand or the General Contractor 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. 10. Hold Harmless. Threehand shall hold the City, its elective and appointive Boards, Commissions, 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 negligent act or omissions of Threehand and the General Contractor, or their subcontractors, agents and employees, arising out of or under this Agreement. Threehand shall defend City and its elective and appointive Boards, Commissions, officers, agents and employees from any suits or actions at law or equity for damages caused, or alleged to have been caused, by the active or passive negligent acts or omissions of Threehand and General Contractor, or their subcontractors, agents and employees. City does not, and shall not, waive any rights against Threehand which it may have by reason of the aforesaid hold harmless provisions because of the acceptance by City, or the deposit with City by Threehand, of any of the insurance policies described herein. 11. Insurance. Threehand or the General Contractor shall provide, or cause to be provided, the insurance coverage required under the Subdivision Agreement for Tract 7815. Page 5 of 7