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4. Caterpillar will grant and convey to the City, without charge, <br />the land it now owns which is necessary to make the improver-ents <br />to Martinez Street and Antonio Street as shown on Exhibit A, <br />subject to rights of Caterpillar to the overhang of its existing <br />buildin at the corner of Vartinez and Antonio Street. <br />5. Caterpillar will reimburse the City for the total construction <br />cost of all wor,. required ro corplete the improvements described <br />in paragraph 2, plus an amcu t equal to 1241 of such total <br />construction cost for enbineering and ir-spectioa services per- <br />formed by the City. <br />6. The City will furnish to Caterpillar, without charge, a copy of <br />all plans, specifications and bidding documents prepared or to <br />be prepared for use in connection with the irproverents described <br />in paragraph 2, and an estimate of cost. The City will not <br />advertise for bids for completion of the improvements until <br />said plans, specifications, bidding documents and estimate of <br />cost are approved by Caterpillar. Said approval by Caterpillar <br />will not be unreasonably withheld. <br />7. The City will not, without written approval of Caterpillar, <br />award a contract for corpletion of the irinrovements described <br />in paragraph 2 which (a) includes plans or specifications not <br />previously approved by Caterpillar, or (b) is for an amount in <br />excess of the estimate of cost previously approved by Caterpillar. <br />8. The City will notify Caterpillar when it -4ards a contract for <br />completion of the i^n rovements described in paragraph 2. Within <br />one month after receipt of such notice, Caterpillar will deposit <br />with the City a sum equal to 112% of the amount of the contract <br />so awarded. <br />9. Upon completion of the improvements described in paragraph 2 in <br />accordance with the contract awarded by the City, the City will <br />furnish Caterpillar such evidence of a= unts expended for work <br />and materials under the contract as Caterpillar may reasonably <br />request, including, without limiting the generality of the <br />foregoing, copies of the contract awarded, itemized invoices <br />includin- unit prices and all waivers secured by the City as <br />contractor. After such evidence is furnished and the exact <br />amount of the cost is determined, the City and Caterpillar <br />will make a settlement of final costs as provided in paragraph <br />5. If the sum deposited by Caterpillar in accordance with <br />paragraph 8 is less than the amount of the reimbursement <br />provided for in paragraph 5, Caterpillar will pay the amount <br />of the difference to the City; if the sum deposited is more <br />than the amount of the reimbursement, the City will refund the <br />amount of the difference to Caterpillar. <br />10. Notwithstanding the reimbursement agreed to by Caterpillar herein, <br />the City will be considered the sole owner in contracting for the <br />work to be performed as outlined herein; and the City shall <br />indemnify, defend and hold harmless Caterpillar, its officers, <br />employees and agents, from and against any and all loss, cost, <br />damage, expense and clams or any nature whatsoever (including, <br />without limiting the generality of the foregoing, claims for <br />consequential damages, loss of profits and those for injury to <br />property of Caterpillar) which arise from, during or in connection <br />&a <br />