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<br />The duty of Project Manager to indemnify and save harmless, as set <br />forth herein, shall include the duty to defend as set forth in <br />Section 2778 of the California civil Code; provided, however, that <br />nothing herein shall be construed to require Consultant to indemnify <br />CITY/DISTRICT, their 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 /> CITY/DISTRICT hereby agrees to defend, indemnify and save <br />harmless Project Manager and its officers or employees, from and <br />against any and all claims, suits, actions, liability, loss, damage, <br />expense, 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, Project Manager, and <br />its officers or employees, caused by, or alleged to have been caused <br />by, the negligence, intentional tortious act or omission, or willful <br />misconduct of CITY/DISTRICT, its officers, employees or agents in the <br />performance of any services or work pursuant to this agreement. The <br />duty of CITY/DISTRICT to indemnify and save harmless, as set forth <br />herein, shall include the duty to defend as set forth in section 2778 <br />of the California civil Code; provided, however, that nothing herein <br />shall be construed to require CITY/DISTRICT to indemnify Project <br />Manager, or its officers or employees, against any responsibility or <br />liability in contravention of Section 2782 of the California civil <br />Code. <br /> 9. Insurance. <br /> Project Manager shall not commence work under this Agreement <br />until all insurance required under this section has been obtained and <br />such insurance has been approved by CITY/DISTRICT. Project Manager <br /> -8- <br /> _.... 'r'"-' .. <br />