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<br /> 10. RECORDS. Consultant shall keep and maintain accurate records of <br /> all time expended and costs and expenses incurred relating to services to be <br /> performed by Consultant hereunder. Said records shall be available to Agency <br /> for review and copying during regular business hours at Consultant's place of <br /> business or as otherwise agreed upon by the parties. <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br /> and save harmless Agency, its boards, commissions, officers, employees and <br /> agents, from and against any and all claims, suits, actions liability, loss, damage, <br /> expense, cost (including, without limitation, costs and fees of litigation) of every <br /> nature, kind or description, which may be brought against, or suffered or <br /> sustained by, Agency, its boards, commissions, officers, employees or agents <br /> caused by, or alleged to have been caused by, the negligence, intentional <br /> tortious act or omission, or willful misconduct of Consultant, its officers, <br /> employees or agents in the performance of any services or work pursuant to this <br /> Agreement. <br /> The duty of Consultant to indemnify and save harmless, as set forth <br /> herein, shall include the duty to defend as set forth in Section 2778 of the <br /> California Civil Code; provided, however, that nothing herein contained shall be <br /> construed to require Consultant to indemnify Agency, its boards, commissions, <br /> officers, employees and agents against any responsibility or liability in <br /> contravention of Section 2782 of the California Civil Code. <br /> Agmt-260 5 <br /> DES:djk <br /> G:/Shared/Redwood/Council <br /> 05/12/99 <br />