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<br /> 1 <br />Agreement for cause, or otherwise to exercise such rights or pursue such remedies as <br />may accrue to City hereunder. <br />10. RECORDS. Contractor shall keep and maintain accurate records of all <br />time expended and costs and expenses incurred relating to services to be performed by <br />Contractor hereunder. Said records shall be available to City and Agency for review <br />and copying during regular business hours at Contractor's place of business, or at <br />City's City Hall, 1017 Middlefield Road, Redwood City, California. <br />11. HOLD HARMLESS. City and Agency, respectively, hereby agree to <br />defend, indemnify, and save harmless Contractor, from and against any and all claims, <br />suits, actions, liability, loss, damage, expense, costs (including, without limitation, costs <br />and fees of litigation) of every nature, kind, and description, which may be brought <br />against, or suffer sustained by Contractor caused by or alleged to have been caused by <br />the negligence, intentional tortious act, or omission or willful misconduct of City or <br />Agency, as the case may be, or their respective officers, employees, or agents with <br />respect to Contractor's performance of services hereunder. <br />The parties acknowledge that Contractor shall be providing services which might <br />normally be provided by a City or Agency employee, and that City or Agency would be <br />responsible for the actions of such employee. Therefore, City and Agency shall provide <br />Contractor with the same legal protection and immunities, including legal defense at no <br />cost to Contractor, as Contractor would have were Contractor performing the services <br />as an employee of City or Agency. Notwithstanding the foregoing, nothing herein <br />contained shall be deemed to modify or affect Contractor's status as an independent <br />Contractor. <br />CD/Liedstrand Contract 5 <br />071504 <br /> 1 T' 1 . - <br />