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10. RECORDS. Consultant shall keep and maintain accurate records of <br /> all time expended and costs and expenses incurred relating to services to be <br /> performed by Consultant hereunder. Said records shall be available to Redwood <br /> City 2020 for review and copying during regular business hours at Consultant's <br /> place of business or as otherwise agreed upon by the parties. <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br />and save harmless Redwood City 2020, the City of Redwood City, its Council, <br />boards, commissions, officers, employees and agents, from and against any and <br />al! claims, suits, actions liability, loss, damage, expense, cost (including, without <br />limitation, costs and fees of litigation) of every nature, kind or description, which <br />may be brought against, or suffered or sustained by, Redwood City 2020, the <br />City of Redwood City, its Council, boards, commissions, officers, employees or <br />agents caused by, or alleged to have been caused by, the negligence, intentional <br />tortuous act or omission, or willful misconduct of Consultant, its officers, <br />employees or agents in the performance of any services or work pursuant to this <br />Agreement. <br /> <br /> The duty of Consultant to indemnify and save harmless, as set forth <br />herein, shall include the duty to defend as set forth in Section 2778 of the <br />California Civil Code; provided, however, that nothing herein contained shall be <br />construed to require Consultant to indemnify Redwood City 2020, the City of <br />Redwood City, its Council, boards, commissions, officers, employees and agents <br />against any responsibility or liability in contravention of Section 2782 of the <br />California Civil Code. <br /> <br />Agmt-400 Form 5 <br />F:\shared\Redwood\Council <br />FXS:djk <br />09/07/00 <br /> <br /> <br />