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<br /> DES:djK. 12/19/95 (030/68)
<br />relating to services to be performed by Consultant hereunder.
<br />Said records shall be available to City for review and copying
<br />during regular business hours at Consultant's place of business,
<br />or as otherwise agreed upon by the parties.
<br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend,
<br />indemnify and save harmless City, its Council, boards,
<br />commissions, officers, employees and agents from and against any
<br />and all claims, suits, actions, liability, loss, damage, expense,
<br />costs (including, without limitation, costs and fees of
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<br />litigation) of every nature, kind and -description, which may be
<br />brought against, or suffered or sustained by, City, its Council,
<br />boards, commissions, officers, employees or agents caused by, or
<br />alleged to have been caused by, the negligence, intentional
<br />tortious act or omission, or willful misconduct of Consultant,
<br />its officers, employees or agents in the performance of any
<br />services or work pursuant to this agreement.
<br /> The duty of Consultant to indemnify and save harmless, as
<br />set forth herein, shall include the duty to defend as set forth
<br />in Section 2778 of the California Civil Code; provided, however,
<br />that nothing herein shall be construed to require Consultant to
<br />indemnify City, its Council, boards, commissions, officers,
<br />employees and agents against any responsibility or liability in
<br />contravention of Section 2782 of the California Civil Code.
<br /> 12. INSURANCE. Consultant shall acquire and maintain
<br />Workers' Compensation, employer's liability, commercial general
<br />liability, owned and non-owned and hired automobile liability,
<br />and professional liability insurance coverage relating to
<br />Consultant's services to be performed hereunder covering City's
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