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8. Scope of Payment. The Contractor shall accept the compensation, as herein
<br />provided, in full payment for furnishing all materials, equipment, labor, tools, services, and
<br />incidentals necessary to complete the Work and for performing all Work. The City's payment
<br />for the Work shall not relieve the Contractor of any obligations to correct any defective Work or
<br />materials. No funds payable under this Agreement shall become due and payable, if the City so
<br />elects, until the Contractor shall satisfy the City that it has fully settled or paid for all materials
<br />and equipment used in or upon the Work and labor done in connection therewith. The City may
<br />pay any or all such claims or bills, wholly or in part, and deduct the amount or amounts so paid
<br />from any funds due Contractor. In the event the surety on any contract, performance bond,
<br />payment bond, or warranty bond given by the Contractor becomes insolvent, or is placed in the
<br />hands of a receiver, or has its right to do business in the state revoked, the City may withhold
<br />payment of funds due Contractor until the Contractor has provided a bond or other security to the
<br />satisfaction of the City in lieu of the bond so executed by such surety.
<br />9. Observation of All Laws. It is assumed that Contractor is familiar with all laws,
<br />codes, ordinances, and regulations which in any manner affect those engaged or employed in the
<br />Work or the material or equipment used in or upon the site, or in any way affect the Work. No
<br />pleas or claims of misunderstanding or ignorance by Contractor shall in any way serve to modify
<br />the provisions of the Agreement. Contractor shall at all times observe and comply with all
<br />federal, state, county, local, and municipal laws, codes, ordinances, and regulations in any
<br />manner affecting the conduct of the Work.
<br />10. Contractor's Responsibility for Work. Until the final acceptance of the Work
<br />by the City in writing, Contractor shall have the charge and care thereof, and shall take every
<br />necessary precaution against injury or damage to any part thereof by the effects of the elements
<br />or from any other cause. Contractor, at its own expense, shall rebuild, repair, restore, and correct
<br />all injuries or damages to any portion of the Work occasioned by any causes before its
<br />completion and acceptance. In case of suspension of Work from any cause whatsoever,
<br />Contractor shall be responsible for all materials and shall properly store same, if necessary, and
<br />shall provide suitable drainage, barricades, and warning signs where necessary. Contractor shall
<br />correct or replace, at its own expense and as required by City, any material which may be
<br />destroyed, lost, damaged, or in any way made useless for the purpose and use intended prior to
<br />final acceptance of the Work, or portions thereof. Contractor shall be relieved of the
<br />responsibilities provided in this Section upon final acceptance of the Work by City, except no
<br />such relief shall apply to damages or injuries caused by or related to actions of Contractor or its
<br />subcontractors.
<br />11. Termination of Contractor's Responsibility. The Work will be considered
<br />complete when all Work has been finished, the final inspection made, and the Work accepted by
<br />City in writing, and all claims for payment of labor, materials, or services of any kind used in
<br />connection with the Work thereof have been paid or settled by Contractor or its surety.
<br />Contractor will then be released from further obligation except as set forth in any surety bond,
<br />and except as required in this Agreement regarding the Contractor's guaranty of work.
<br />12. Indemnification. To the fullest extent permitted by law, the Contractor agrees to
<br />indemnify and hold harmless the City, and its officers and its employees, from and against all
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