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In accordance with the loan agreement between OWNER and the Agency, progress <br />payments due CONTRACTOR shall be paid within. twenty (20) calendar days after the Agency <br />receives CONTRACTOR'S invoice and satisfactory releases of liens or claims for liens by <br />CONTRACTOR, subcontractors, laborers, and material suppliers for completed work or installed <br />materials. Final payment of the remainder shall be made thirty-five (35) calendar days after final <br />inspection and acceptance of all work to performed by CONTRACTOR and CONTRACTOR has <br />furnished the Agency, for OWNER'S benefit, satisfactory releases of liens or claims for liens by <br />CONTRACTOR, subcontractors, laborers, and material suppliers. Progress payments and/or final <br />payment may be withheld on account of defective work not remedied, claims filed, failure of <br />CONTRACTOR to make payments properly to subcontractors or for labor, materials, or equipment, <br />damages by another contractor, or unsatisfactory prosecution of the work by CONTRACTOR, as <br />determined by OWNER and the Agency. <br />III. INDEMNIFICATION AND INSURANCE <br />14. INDEMNIFICATION <br />CONTRACTOR shall indemnify and save harmless OWNER and the Agency, and their <br />officers and employees, against any and all damages to property and injuries to or death of any <br />person or persons, including employees or agents of the of Santa Ana, and shall defend, indemnify <br />and save harmless OWNER and the Agency, their officers and employees, from any and all claims, <br />demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, <br />worker's compensation claims of or by anyone whomsoever in any way resulting from or arising out <br />of the operations in connection herewith, including operations of subcontractors and acts or <br />omissions of employees or agents of CONTRACTOR or his subcontractors. <br />15. INSURANCE <br />With respect to performance of work under this Contract, CONTRACTOR shall maintain <br />and shall require its subcontractors, if any, to maintain insurance as described below: <br />(1) Workers' compensation insurance with statutory limits, and employer's liability <br />insurance with limits of not less than $500,000 per accident. <br />(2) Commercial general liability insurance or equivalent form, with a combined single <br />limit of not less than $300,000 per occurrence. Such insurance shall name OWNER <br />and the Agency as additional insured. <br />CONTRACTOR shall (a) furnish properly executed certificates of insurance to OWNER <br />and the Agency prior to commencement of work under this Contract, which certificates shall clearly <br />evidence all coverage required above and provide that such insurance shall not be materially <br />changed or terminated except on 30 days' prior written notice to OWNER and the Agency; and (b) <br />maintain such insurance from the time work first commences until completion of the work under <br />this Contract and (c) replace such certificate for policies expiring prior to completion of work under <br />this Contract. <br />Exhibit "R" 4 <br />