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DES:d-il<: 11/27/96 (005/66) during regular business hours at Consultant's place of business, or as otherwise agreed upon by the parties. II. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify and save harmless City, its Council, boards, commissions, officers, 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, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortious act or omission, or willful misconduct of Consultant, its officers, employees or agents in the performance of any , services or work pursuant to this agreement. The duty of Consultant 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 Consultant to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 12. INSURANCE. Consultant shall acquire and maintain Workers' Compensation, employer's liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance coverage relating to Consultant's services to be performed hereunder covering City's risks in form subject to the approval of the City Attorney. The 5 ,--."