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<br />otherwise to exercise such rights or pursue such remedies as may accrue to <br /> <br />Agency hereunder. <br /> <br />10. RECORDS. Consultant shall keep and maintain accurate records of <br /> <br />all time expended and costs and expenses incurred relating to services to be <br /> <br />performed by Consultant hereunder. Said records shall be available to Agency <br /> <br />for review and copying during regular business hours at Consultant's place of <br /> <br />business or as otherwise agreed upon by the parties. <br /> <br />11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br /> <br />and save harmless Agency, its boards, commissions, officers, employees and <br /> <br />agents, from and against any and all claims, suits, actions liability, loss, damage, <br /> <br />expense, cost (including, without limitation, costs and fees of litigation) of every <br /> <br />nature, kind or description, which may be brought against, or suffered or <br /> <br />sustained by, Agency, its boards, commissions, officers, employees or agents <br /> <br />caused by, or alleged to have been caused by, the negligence, intentional <br /> <br />tortious act or omission, or willful misconduct of Consultant, its officers, <br /> <br />employees or agents in the performance of any services or work pursuant to this <br /> <br />Ag reement. <br /> <br />The duty of Consultant to indemnify and save harmless, as set forth <br /> <br />herein, shall include the duty to defend as set forth in Section 2778 of the <br /> <br />California Civil Code; provided, however, that nothing herein contained shall be <br /> <br />construed to require Consultant to indemnify Agency, its boards, commissions, <br /> <br />Agmt-270 <br />DES:djk <br />G :/S hared/Redwood/Cou nci I <br />06/08/99 <br /> <br />5 <br /> <br />"""""--.....---...-.....----.... _. 'r . <br />