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That the Contractor agrees to indemnify, defend, and hold <br />harmless the City, its officers, agents and employees, from any <br />and all claims and losses accruing or resulting to any and all <br />contractors, materialmen, laborers, and any other person, firm or <br />corporation furnishing or supplying work, services, materials or <br />supplies in connection with the performance of this Agreement. <br />It is hereby stipulated and agreed to between the parties hereto, <br />and notice is hereby expressly given to the Contractor, that in <br />no case, except where it is otherwise provided by law, will said <br />City, or any officer or employee thereof, be liable for any <br />portion of the expense of the work aforesaid. <br />Should any litigation or arbitration be commenced between the <br />parties concerning the works of improvements as referenced <br />herein, the prevailing party in any such litigation, being the <br />City or the Contractor, should be entitled to a reasonable sum <br />for attorney's fees incurred in any such litigation relating the <br />this Contract. <br />This Agreement shall be binding upon all parties hereto and their <br />respective heirs, executors, administrators, successors, and <br />assigns. <br />IN WITNESS WHEREOF, the parties hereto have set their hands on <br />the day and year first hereinabove written. <br />By: <br />Contractor VICE RPESIDENT OF FINANCE <br />CITY OF COLTON <br />s' <br />Bv. <br />May4,,,j Ir <br />ATTEST: ��d- /5�� <br />CITY CLERK <br />CITY OF COLTON <br />STATE OF CALIFORNIA <br />AGREEMENT <br />PAGE 3 <br />