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intentional wrongful misconduct of Contractor and persons employed or utilized by <br />Contractor in the performance of this Agreement. <br />In consideration of the sum of Twenty -Five Dollars ($25.00) and other good and valuable <br />consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest <br />extent permitted by law, Contractor shall defend, indemnify and save harmless City, and <br />their respective officers and employees, from liabilities, damages, losses and costs <br />including, but not limited to, reasonable attorney's fees, to the extent caused by the <br />negligence, recklessness, or intentional wrongful misconduct of Contractor and persons <br />employed or utilized by Contractor in the performance of this Contract. <br />Sums otherwise due to Contractor under this Contract may be retained by City until all of <br />City's Claims for indemnification under this Contract have been settled or otherwise <br />resolved. Any amount withheld pursuant to this Article shall not be subject to payment of <br />interest by City. <br />The execution of this Contract by Contractor shall operate as an express acknowledgment <br />that the indemnification obligation is part of the bid documents and/or Contract Documents <br />for the Project and the monetary limitation on indemnification in this Article bears a <br />reasonable commercial relationship to the Contract. <br />Nothing in this Article is intended, or should be construed, to negate, abridge or otherwise <br />reduce the other rights and obligations of indemnity that may otherwise exist as to a party <br />described in this Article. <br />Nothing in this Article is intended to create in the public or any member thereof, a third <br />party beneficiary hereunder, or to authorize anyone not a party to this Contract, to maintain <br />a suit for personal injuries or property damage pursuant to the terms or provisions of this <br />Contract. The indemnification obligations set forth herein shall survive the termination <br />and/or expiration of this Contract. <br />In the event that any action or proceeding is brought against City by reason of any such <br />claim or demand, Contractor shall, upon written notice from City, resist and defend such <br />action or proceeding by counsel satisfactory to City. <br />4.14 Inspection of Work <br />Consultant and City shall at all times have access to the Work, and Contractor shall <br />provide proper facilities for such access and for inspecting, measuring and testing. <br />4.14.1 Should the Contract Documents, Consultant's instructions, any laws, ordinances, <br />or any public authority require any of the Work to be specially tested or approved, <br />Contractor shall give Consultant timely notice of readiness of the Work for testing. <br />If the testing or approval is to be made by an authority other than City, timely notice <br />shall be given of the date fixed for such testing. Testing shall be made promptly, <br />and, where practicable, at the source of supply. If any of the Work should be <br />covered up without approval or consent of Consultant, it must, if required by <br />Consultant, be uncovered for examination and properly restored at Contractor's <br />expense. <br />344 <br />