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<br /> DES: d ~ 1~ 11/27/96 (011/72)
<br /> during regular business hours at Consultant's place of business,
<br /> or as otherwise agreed upon by the parties.
<br /> II. 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
<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
<br /> risks in form subject to the approval of the City Attorney. The
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