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shall famish the City a maintenance and repair security in a form acceptable to the City Engineer in <br />the amount of TWO THOUSAND DOLLARS ($2,000.00) 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 <br />City. In the event Subdivider fails, neglects or refuses to maintain and repair said areas, City is <br />hereby authorized to expend all or any portion of said deposit during construction and during the <br />one year maintenance period to accomplish the above. Upon notice by City and should it become <br />necessary for City to utilize said deposit to correct deficiencies, Subdivider shall pay sufficient <br />monies to City to maintain this cash deposit at not less than ONE THOUSAND DOLLARS <br />($1 000.00) until fmal inspection of all the improvements and final acceptance of all public <br />improvements. Any unexpended amount will be returned to the Subdivider at the time all bonds <br />and securities are released. <br />15. Hold Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its <br />elective and appointive boards, commissions, officers, agents and employees harmless from and <br />against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and <br />description directly or indirectly arising from the performance of the work from Subdivider, <br />Subdivider's contractors', subcontractors', agents' or employees' operations under this Agreement. <br />Subdivider agrees to, and shall, defend City and its elective and appointive boards, commissions, <br />officers, agents and employees from any suits or actions at law or in equity for damages caused or <br />alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: <br />a. That City does not, and shall not, waive any rights against Subdivider which <br />it may have by reason of the aforesaid hold harmless agreement, because of <br />the acceptance by City, or the <br />C:\MAPS\PM6662\SUBIMPAG.DOC <br />N <br />