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JNOFFICIAL COPY <br /> employees harmless from and against all claims, costs and liability of every kind and nature, for <br /> injury(including death)or damage received or sustained by any person or entity in connection with, <br /> or on account of, the performance of work at the Subdivision and elsewhere pursuant to this <br /> Agreement, except to the extent caused by the willful or sole negligent act or omission of the Town <br /> or its officers, employees, agents or contractors. The Subdivider further agrees to defend the Town <br /> and its officers, agents and employees (with counsel reasonably acceptable to the Town) in the <br /> event that the Town or its officers, agents or employees is named as a defendant in an action <br /> concerning the performance of work pursuant to this Agreement, except where such suit is brought <br /> by the Subdivider. The Subdivider is not an agent or employee of the Town. The Subdivider shall <br /> require contractors engaged in the construction of this project to maintain a current Certificate of <br /> Insurance on file with the Town in amounts which are approved by the Town Clerk/Treasurer. The <br /> Town shall be named as an additional insured on such policies. <br /> H. Guarantee of the Work. The Subdivider guarantees and warrants all work <br /> performed under this Agreement against all defects in workmanship or materials for a period of <br /> eighteen (18)months from the date of acceptance by the Town of the Improvements completed by <br /> the Subdivider under this Agreement (the"Guarantee Period") If any defect should appear during <br /> the Guarantee Period, the Subdivider agrees to repair or replace the defective work as specified by <br /> the Town at Subdivider's sole expense. This expense includes total and complete restoration of any <br /> disturbed surface or component of the Improvement to the standard provided in the Subdivision <br /> Ordinance, Plans and Specifications and this Agreement. All guaranties or warranties for materials <br /> or workmanship from third parties which extend beyond the eighteen (18)month Guarantee Period <br /> shall be assigned by the Subdivider to the Town. <br /> I. Compliance with Law. The Subdivider shall comply with all laws,ordinances and <br /> regulations applicable to Subdivider's obligations under this Agreement. <br /> J. Specifications for Improvements. The Subdivider shall fully comply with any and <br /> all provisions of the Town's Subdivision Ordinance, whether or not specifically addressed in this <br /> Agreement,and with the Plans and Specifications approved by the Town Engineer. <br /> 1. Grading,Erosion Control and Barricades: <br /> a. The Subdivider shall furnish,install and maintain during construction <br /> and until the Improvements are accepted by the Town, all barricades <br /> and signs as specified by the Town Engineer at all points where new <br /> rights-of-way extend or intersect existing streets and all street ends. <br /> b. The Subdivider shall obtain the approval of Dane County Land <br /> Conservation for erosion and runoff control measures, as required by <br /> Town ordinances, prior to grading, utility installation or any other <br /> land disturbance activity. The Subdivider shall adhere to conditions <br /> of the approval and grants the right-of-entry on the Subdivision to the <br /> Town Engineer to inspect and monitor compliance with this <br /> requirement. <br /> 4 <br />