Agmt03 Cressey, Scott - Laserfiche WebLink

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(c) Upon such termination, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. 10. RECORDS. Consultant shall keep and maintain records of all time expended and costs and expenses incurred relating to services to be performed by Consultant under this Agreement, for a period of at least five (5) years after Consultant's receipt of the final payment under this Agreement. Said records shall be available to City for review and copying during regular business hours at Consultant's place of business or as otherwise agreed upon by the parties, without restriction or limitation on their use. 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, and hold harmless City, its Council, boards, commissioners, officers, employees and agents ("Indemnitees"), from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commission, officers, employees, or agents, arising out of the performance of the work described herein, to the extent caused, or claimed or alleged to be caused, in whole or in part by any negligent act or omission of Consultant, its officers, agents and employees, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the City or any other person, provided however that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful F:Atty/Agr/Agr.124 052903 5