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the same shall in any manner affect the obligation of those providing improvement security pursuant to this <br />Agreement. <br />14. Maintenance Security. Prior to initial acceptance of any of the work constructed hereunder or <br />the release of any of the securities required under Paragraph 13., hereof, Subdivider shall furnish the City a <br />maintenance and repair security in a form acceptable to the City Engineer in the amount of FOURTY <br />THOUSAND THREE HUNDRED DOLLARS ($40,300.00) to guarantee that all areas to be improved are <br />free from defect for a period of one year after initial acceptance of entire work by the City. In the event <br />Subdivider fails, neglects or refuses to maintain and repair said areas, City is hereby authorized to expend all <br />or any portion of said deposit during construction and during the one year maintenance period to accomplish <br />the above. Upon notice by City and should it become necessary for City to utilize said deposit to correct <br />deficiencies, Subdivider shall pay sufficient monies to City to maintain this cash deposit at not less than <br />TWENTY THOUSAND DOLLARS ($20,000.00) until final inspection of all the improvements and final <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 />TRACT MAP 7093 MEDALLION PHASE I <br />SUBDIVISION IMPROVEMENT AGREEMENT (PUBLIC IMPROVEMENT) <br />C:\MAPS\T7093\SUBIMPI.ABS <br />PAGE 6 OF 17 <br />