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<br />accompbsh the above. Upon notice by City and should it become necessary for City to utilize said deposit <br /> <br />to correct deficiencies, Subdivider shall pay sufficient monies to City to maintain this cash deposit at not <br /> <br />less than FOUR ffiJNDRED DOLLARS ($400.00) until final inspection of all the improvements and final <br /> <br />acceptance of all public improvements. Any unexpended amount will be returned to the Subdivider at the <br /> <br />time all bonds and securities are released. <br /> <br />15. Hold lIarn11ess Agreement Subdivider hereby agrees to, and shall, hold City, its elective and <br /> <br />appointive boards, commissions, officers, agents and employees harmless from and against any or all loss, <br /> <br />liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly <br /> <br />arising from the perforn1ance of the work from Subdivider, Subdivider's contractors', subcontractors', agents' <br /> <br />or employees' operations under thIs Agreement. Subdivider agrees to, and shall, defend City and its elective <br /> <br />and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in <br /> <br />equity for damages caused or alleged to have been caused, by reason of any of the aforesaid operations; <br /> <br />provided as follows: <br /> <br />a. That City does not, and shall not, waive any rights against Subdivider which it may <br /> <br />have by reason of the aforesaid hold harmless agreement, because of the <br /> <br />acceptance by City, or the deposit with City by Subdivider, of any of the insurance <br /> <br />policies described in paragraph ] 6 hereof. <br /> <br />b. That the aforesaid hold harmless agreement by Subdivider shall apply to all <br /> <br />damages and claims for damages of every kind suffered, or alleged to have been <br /> <br />suffered, by reason of any of the aforesaid operations referred to in this paragraph, <br /> <br />regardless of whether or not City has prepared, supplied, or approved of plans <br /> <br />and/or specifications for the subdivision, or regardless of whether or not such <br /> <br />insurance policies shall have been determined to be applicable to any of such <br /> <br />damages or claims for damages. <br /> <br />16. Subdivider's Insurance. Concurrently with the execution hereof, Subdivider shall obtain or <br /> <br />cause to be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such <br /> <br />TRACT MAP 7810 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />G\_LD\_Tracl Map & Parcel MaplTract MapslTM 7810 - ] 537 HaysISUBlMP.AGR.doc <br />PAGE 6 OF 16 <br />