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I I I I II II I I I !I I II ~I II 'I II ~I I I ;1 I ,I delay in Work, all samples and photographs required by the Contract Documents. All samples and photographs will have been checked by and stamped with the approval of the Contractor, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 4.17.2. At the time of each submission, the Contractor will, in writing, call the City's attention to any deviations that the photographs or sample may have from the requirements of the Contract Documents. 4.17.3. The City will review with responsible promptness photographs and samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The Contractor will make any corrections required by the City and will return the required number of corrected copies of photographs and resubmit new samples until the review is satisfactory to the City. 4.17.4. No Work requiring a photograph or sample submission shall be commenced until the submission has been reviewed by the City. A copy of each photograph and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the City. 4.17.5. The City's review of photographs or samples shall not relieve the Contractor from their responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the City's attention to each deviation at the time of submission and the City has given written approval to the specific deviation, nor shall any review by the City relieve the Contractor from responsibility for supplying the plant material as specified 4.18. Public Convenience and Safety: The Contractor shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. During the day, access to private property shall be for short durations, if at all, and in the evening, access to private property shall always be available. 4.19. Indemnification: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall indemnify and save harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Contractor's performance of the Project, or by or in consequence of any negligence (excluding negligence of City), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his Sub-Contractor, agents, servants or employees. The Contractor will indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligatet pA(:~ 17 ()~ 7R