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08
City of Pleasanton
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2008
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121608
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08
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12/11/2008 11:12:51 AM
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12/11/2008 11:12:50 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/16/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
08
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In the event of any breach by Threehand or the General Contractor, City may take <br />over the work and prosecute the same to completion by any method the City deems <br />advisable. <br />In the event that a letter of credit is employed as the vehicle for security under this <br />Section 7 for labor and materials, upon approval by the City Engineer, Threehand shall <br />have the right to reduce the amount of the letter of credit during the course of <br />construction in an amount equal to verified payments made by Threehand made for <br />invoices presented in connection with construction and installation of the Improvements, <br />and lien releases submitted to the City. <br />8. Defect . Threehand shall by written contrail require that the General <br />Contractor warrant to the City that all materials and equipment furnished shall be new <br />unless otherwise specified and that all work performed on the Improvements shall be <br />performed in a good and workmanlike manner and in conformance with the City- <br />approved Improvement plans and any related specifications. Within one (1) yeaz of the <br />City's acceptance of the Improvements, City shall provide prompt written notice of all <br />defects to Threehand and to the General Contractor. Threehand, by contract, shall require <br />the Generai Contractor to promptly make the necessary corrections. <br />9. Worker's Compensation. Before commencing work under this <br />Agreement, Threehand or the General Contractor shall take out and maintain during the <br />course of this Agreement, such workers' compensation insurance as required by the laws <br />of the State of California. <br />10. Hold Harmless. Threehand shall hold the City, its elective and appointive <br />Boazds, Commissions, officers, agents, and employees, harmless from any liability for <br />damage or claims for damage for personal injury, including death, as well as from claims <br />from property damage which may arise from the negligent act or omissions of Threehand <br />and the General Contractor, or their subcontractors, agents and employees, arising out of <br />or under this Agreement. Threehand shall defend City and its elective and appointive <br />Boazds, Commissions, officers, agents and employees from any suits or actions at law or <br />equity for damages caused, or alleged to have been caused, by the active or passive <br />negligent acts or omissions of Threehand and General Contractor, or their subcontractors, <br />agents and employees. City does not, and shall not, waive any rights against Threehand <br />which it may have by reason ofthe aforesaid hold harmless provisions because ofthe <br />acceptance by City, or the deposit with City by Threehand, of any of the insurance <br />policies described herein. <br />11. Insurance. Threehand or the General Contractor shall provide, or cause to <br />be provided, the insurance coverage required under the Subdivision Agreement for Tract <br />7815. <br />Page 5 of 7 <br />
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