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THOUSAND FIVE HCJNDRED FORTY DOLLARS ($8 5, 40.00) to guarantee that all areas to be <br />improved are free from defect for a period of one year after initial acceptance of entire work by the City. In <br />the event Subdivider fails, neglects or refuses to maintain and repair said areas, City is hereby authorized to <br />expend all or any portion of said deposit during construction and during the one year maintenance period to <br />accomplish the above. Upon notice by City and should it become necessary for City to utilize said deposit <br />to correct deficiencies, Subdivider shall pay sufficient monies to City to maintain this cash deposit at not <br />less than FOUR fIiJNDRED DOLLARS ($400.00) until final inspection of all the improvements and fmal <br />acceptance of all public improvements. Any unexpended amount will be returned to the Subdivider at the <br />time all bonds and securities are released. <br />15. Hold Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its elective and <br />appointive boards, commissions, officers, agents and employees harmless from and against any or all loss, <br />liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly <br />arising from the performance of the work from Subdivider, Subdivider's contractors', subcontractors', agents' <br />or employees' operations under this Agreement. Subdivider agrees to, and shall, defend City and its elective <br />and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in <br />equity for damages caused or alleged to have been caused, by reason of any of the aforesaid operations; <br />provided as follows: <br />a. That City does not, and shall not, waive any rights against Subdivider which it may <br />have by reason of the aforesaid hold harmless agreement, because of the <br />acceptance by City, or the <br />deposit with City by Subdivider, of any of the insurance policies described in <br />paragraph 16 hereof. <br />b. That the aforesaid hold harmless agreement by Subdivider shall apply to all <br />damages and claims for damages of every kind suffered, or alleged to have been <br />suffered, by reason of any of the aforesaid operations referred to in this paragraph, <br />regardless of whether or not City has prepared, supplied, or approved of plans <br />TRACT MAP 7293 <br />SUBDIVISION IMPROVEMENT AGREEMENT (PUBLIC IMPROVEMENT) <br />\DES\SYS\USER\ENGINEER\_LD\_Maps\VTM 7243\SUBIMPLAGR.doc <br />PAGE 6 OF 16 <br />