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<br /> DES:djk /01/95 (023/66) <br />intentional tortious act or willful misconduct by Consultant, its <br />officers, agents or employees in the performance of any services <br />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, officers, boards, commissions, <br />agents and employees against any responsibility or liability in <br />contravention of Section 2782 of the California Civil Code. <br /> II. COVENANT AGAINST CONTINGENT FEES. Consultant hereby <br />warrants that Consultant has not employed or retained any company <br />or person, other than a bona fide employee working for <br />Consultant, to solicit or secure this agreement, and Consultant <br />has not paid or agreed to pay any company or person, other than a <br />bona fide employee, any fee, commission, percentage, brokerage <br />fee, gift, or any other consideration, contingent upon or <br />resulting from the award or formation of this agreement. For <br />breach or violation of this warranty, City shall have the right <br />to annul this agreement without liability, or at City's <br />discretion, to deduct from the agreement price or consideration, <br />or otherwise recover, the full amount of such fee, commission, <br />percentage, brokerage fee, gift or contingent fee. <br /> 12. NOTICES. Written notices required or convenient <br />hereunder shall be delivered personally or by depositing the same <br />with the United States Postal Service, first class (or <br /> 5 <br /> .--., <br />