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<br />The Lions Club and/or its Contractor shall keep the site free from
<br />accumulations of waste materials, rubbish and other debris
<br />resulting from the Work, and at the completion of the Work shall
<br />remove all waste materials, rubbish and debris from and about the
<br />site as well as all tools, construction equipment and machinery,
<br />and surplus materials, and shall leave the site clean and ready
<br />for occupancy. The Lions Club and/or its Contractor shall restore
<br />to their original condition those portions of the site not
<br />authorized by the City to be altered.
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<br />The Lions Club hereby agrees to protect, defend, and indemnify the
<br />City and its employees, agents, officers, and servants, in
<br />proportion to the Lions Club's degree of responsibility, from any
<br />and all losses, costs, damages, or expenses of every kind claimed
<br />by anyone for personal injuries, death, or damages to property,
<br />and without limitation by enumeration, all other claims, demands,
<br />or causes of action of every character occurring, resulting, or
<br />arising from the Lions Club's, its Contractor's, or
<br />SubContractors' acts or omissions, defective, or unreasonably
<br />dangerous product, or other conduct or activity violative of the
<br />applicable legal standard, or by any combination of the foregoing,
<br />which is a cause of or contribution to the loss, cost, damage, or
<br />expense. This shall include, but not be limited to, the amounts
<br />of judgments, penalties, interests, court costs, legal fees, and
<br />all other expenses incurred by the City because of such act,
<br />omission, product, conduct, or activity. This indemnity provision
<br />shall not be limited by reason of the specification of any
<br />particlar insurance coverage in this Agreement. The Lions Club
<br />further agrees to obtain from its Contractors, subContractors and
<br />consultants, if any, the same indemnification provision in writing
<br />of the City as stated hereinabove.
<br />
<br />If the construction contract documents, laws, codes, ordinances,
<br />rules, regulations or orders of any public authority having
<br />jurisdiction require any Work to specifically be inspected,
<br />tested, or approved by some public body, the Lions Club and/or its
<br />Contractor shall arrange and pay for all tests, and furnish the
<br />City the required certificates of inspection, testing or
<br />approval. The City and/or its representatives shall at all times
<br />have access to the Work and the Lions Club and/or its Contractor
<br />shall provide proper and safe facilities for such access and
<br />observation of the Work and also for any inspection or testing
<br />thereof by others.
<br />
<br />If any Work is defective, or if the Lions Club or its Contractor
<br />fails to supply sufficient skilled workers or suitable materials
<br />or equipment or to make prompt payments to SubContractors for
<br />labor, materials or equipment, the City may order the Lions Club
<br />and/or its Contractor to stop the Work, or any portion thereof,
<br />and/or correct or remove and replace defective work, and upon the
<br />failure of the Lions Club to correct or remove and replace such
<br />defective work, the City may have the same corrected or removed
<br />and replaced and all direct, indirect and consequential costs of
<br />and/ or damages for such correction or removal and replacement,
<br />including but not limited to, compensation for additional
<br />professional services, shall be paid by the Lions Club to the City
<br />and upon failure of such payment by the Lions Club, the
<br />consideration due it pursuant to this Agreement may be equitably
<br />adjusted through the increase of the obligations of the Lions Club
<br />for upkeep and maintenance or the elimination or reduction of the
<br />license granted hereunder, or both. The right of the City to
<br />stop the Work shall not give rise to any duty on its part to
<br />exercise this right for the benefit of the Lions Club or its
<br />:ontractor or any other party. "Defective Work" shall be defined
<br />as Work that is unsatisfactory to the City, faulty or defective,
<br />~r does not conform to the requirements of the construction
<br />contract documents or does not meet the requirements of any
<br />inspection, test or approval as provided for in this Agreement or
<br />has been damaged prior to final payment. The City shall also have
<br />authority to require special inspection or testing of the Work,
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<br />~q; .
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