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repair said areas, City is hereby authorized to expend all or any portion of said deposit during <br />construction and during the one year maintenance period to accomplish the above. Upon notice by <br />City and should it become necessary for City to utilize said deposit to correct deficiencies, Subdivider <br />shall pay sufficient monies to City to maintain this cash deposit at FIFTY FIVE THOUSAND FOUR <br />HUNDRED DOLLARS ($55,400.00) until final inspection and final acceptance of all the <br />improvements. Any unexpended amount will be returned to the Subdivider at the time all bonds and <br />securities are released. <br />15. Hold Harmless Agreement. Subdivider hereby agrees to, and shall, hold City, its elective <br />and appointive boards, commissions, officers, agents and employees harmless from and against any or <br />all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or <br />indirectly arising from the performance of the work from Subdivider, Subdivider's contractors', <br />subcontractors', agents' or employees' operations under this Agreement. Subdivider agrees to, and <br />shall, defend City and its elective and appointive boards, commissions, officers, agents and employees <br />from any suits or actions at law or in equity for damages caused or alleged to have been caused, by <br />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 it may <br />have by reason of the aforesaid hold harmless agreement, because of the acceptance by <br />City, or the deposit with City by Subdivider, of any of the insurance policies described <br />in paragraph 16 hereof. <br />b. That the aforesaid hold harmless agreement by Subdivider shall apply to all damages <br />and claims for damages of every kind suffered, or alleged to have been suffered, by <br />reason of any of the aforesaid operations referred to in this paragraph, regardless of <br />whether or not City has prepared, supplied, or approved of plans and/or specifications <br />g:kngineer\julic\tm6965\mbimp2.agr Page 7 of 18 <br />