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DES:dft 8/95 (014/67) officers, boards, commissions, employees and agents from and against any and all claims, suits, actions, liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature, kind and description, which may be brought against, or suffered or sustained by, City, its Council, officers, agents, or employees caused by, or alleged to have been caused by, any act or omission to act of Art Center, or Owner, its or their officers, employees or agents resulting from the use, expenditure, appropriation, credit, disbursement or other disposition of the funds allocated to Art Center for the benefit of Owner's Property hereunder. The duty of Art Center and Owner to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require Art Center or Owner to indemnify City, its Council, officers, boards, commissions, employees or agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 9. JOINT AND SEVERABLE OBLIGATIONS. The obligations of Owner and Art Center hereunder shall be, and are, joint and several. 10. RECORDATION. Any party to this agreement may submit to the County Recorder, County of San Mateo, a true or certified copy of this agreement, or a memorandum thereof, for recordation in the Official Records of said County. In the event a memorandum of the agreement is to be so submitted, the parties hereto agree to execute such memorandum for said purpose. 4 +..~ '...-..'........'-,--...'...........'.....-...