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<br /> FXS:dft ~ '25/95R (008/67)
<br /> ~.02/95R
<br /> 2/08/95R
<br /> 10. RECORDS. Consultant shall keep and maintain accurate
<br />records of all time expended and costs and expenses incurred
<br />relating to services to be performed by Consultant hereunder.
<br />Said records shall be available to Agency for review and copying
<br />during regular business hours at Consultant's place of business,
<br />or as otherwise agreed upon by the parties.
<br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend,
<br />indemnify and save harmless Agency, its Board of Directors,
<br />officers, employees and agents, and the City of Redwood City, its
<br />Council, officers, boards, commissions, agents and employees from
<br />and against any and all claims, suits, actions, liability, loss,
<br />damage, expense, costs (including without limitation, costs and
<br />fees of litigation) of every nature, kind and description which
<br />may be brought against, or suffered or sustained by Agency, its
<br />Board of Directors, officers, employees and agents, and the City
<br />of Redwood City, its Council, officers, boards, commissions,
<br />agents, or employees caused by, or alleged to have been caused
<br />by, the negligence, intentional tortious act or omission, or
<br />willful misconduct of Consultant, its officers, agents or
<br />employees in the performance of any services or work pursuant to
<br />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 Agency, the City of Redwood City, its Council,
<br />officers, boards, commissions, agents and employees against any
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