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PARTIES EVEN TO THE EXTENT THAT SUCH PERSONAL INJURY <br /> WAS CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE <br /> COMPARATIVE OR CONCURRENT NEGLIGENCE OF ANY <br /> INDEMNIFIED PARTY. THIS INDEMNIFICATION SHALL NOT BE <br /> LIMITED TO DAMAGES, COMPENSATION, OR BENEFITS <br /> PAYABLE UNDER INSURANCE POLICIES, WORKERS <br /> COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER <br /> EMPLOYEES BENEFIT ACTS. <br /> 2.2.2 Warranty. The contract with the Owner's contractor will provide for at least a one- <br /> year warranty against defects in materials and workmanship. This warranty obligation shall be <br /> covered by any performance or payment bonds required of the contractor under the terms of the <br /> construction contract and shall be assignable to the City with respect to the Waterline <br /> Improvements. <br /> 2.3 Invoices and Payments <br /> 2.3.1 Applications for Payment. The Owner may submit to the City written applications <br /> for payment up to once per month for work on the Waterline Improvements that has been inspected <br /> by the City and properly performed through the last day of the calendar month immediately <br /> preceding each application submission date. The application for payment to the City shall be for <br /> the amount of the actual costs incurred by Owner associated with the City's portion of such work. <br /> The application for payment shall be in a form reasonably acceptable to City and must include a <br /> breakdown of actual costs of the Waterline Improvements with supporting documentation, <br /> including all invoices,payment receipts and any other documentation reasonably requested by the <br /> City to support the City's expenditure of public funds. <br /> 2.3.2 City Payment. Within thirty(30)days after receipt of each complete(as reasonably <br /> determined by the City)written application for payment from Owner,the City will remit payment <br /> to Owner in the amount of the application for payment. <br /> 2.3.3 Payments to Subcontractors and Suppliers. The Owner shall be solely and <br /> exclusively responsible for compensating any of its contractors, employees, subcontractors, <br /> materialmen and/or suppliers of any type or nature whatsoever and insuring that no claims or liens <br /> of any type will be filed against any property owned by the City arising out of or incidental to the <br /> performance of any service performed pursuant to this Agreement. In the event a statutory lien <br /> notice is sent to the City, the City may withhold payments until resolution of any subcontractor's <br /> or materialman's claim(s) for payments due, and the Owner shall, where no payment bond covers <br /> the work, upon written notice from the City, immediately obtain a bond at its expense and hold <br /> City harmless from any losses that may result from the filing or enforcement of any said lien notice. <br /> 2.3.4 Payment of City's Engineer. The City shall be solely and exclusively responsible <br /> for payment of the City's engineer(CP&Y,Inc.)for services provided under contract with the City <br /> related to the Waterline Improvements. <br /> 2.4 Default and Remedies <br />