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<br />FEE-19-:99S 10:33
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<br />MAFK T~CMAS ANJ CO. INC.
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<br />408453 5390
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<br />P.05/[:7
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<br />15.
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<br />Mediation. Should ar.y dispute arise out of this Agreement, the parties shalll11eet in
<br />mediation and attempt ,to reach a resolution with the assistance of a. mutually
<br />acceptabk mediator. Neither party shall be penníned to file legal action ....ithout first
<br />meeting in m~diatian and making a good fai th attempt to reach a mediat~d r~olution.
<br />The costs of the mediator, if any, shall be paid equally by the parties. If a mediated
<br />settlement is reached neither party shall be deemed the prevailing p3.rty far purnases
<br />of the settlement, and each party shall bear its own legal costs. .
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<br />16.
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<br />Conflict of Interest. CONSUL TANT may serve other clients, but none:; who are:
<br />active ...vithin the City of Belmont or \\-'ho conduct business that would place
<br />CONSUL TAX¡-T in a "conflict of interest" as that term is defined in State law.
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<br />17.
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<br />Entire Agr~ernc:nt This Agreement, including Exhibit A comprises the entire
<br />Agre~ment.
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<br />18.
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<br />Indemnity. Consultant hereby agrees to defend, indemnify, and say;;: ha.'TrÙ~Ss City,
<br />its Council, boards, commissions, officers, employees and agents, from and ~ainst
<br />any and all claims, sui"tS, actions liability, loss, damage, ~xpensc, cost (including,
<br />without limitation, coSts and fees of litigation) of every natur=, kind or description,
<br />which may be brought against, or suffered or sustained by, City, its Council, boards.
<br />commissio!ls, officers, employees or agents caused by, or alleged to have been caused
<br />by, the negligence, intentional tomous act or omission, or wilL.-w misconduct oÎ
<br />Consultant, its officers, employees or agentS in the performance of any services or
<br />work pursuaIlt to this Agreement
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<br />The duty of Consultant to indemnify and save hannless. as set forth herei~ $haJJ.
<br />iI1c1ud~ the duty to ådend as set forth in Section 2778 of the California Civil Code;
<br />provided, however, that nothing hè:reÎ1l contained. shall be constrUed. to require
<br />Consultant to indemnify City, its Council, boards, coIIlIIli.ssions, officers, employees
<br />and agents against any responsibility 01' liability in contravention of Section 2782 of
<br />the California Civil Code,
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<br />19.
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<br />Ins1.1ISl1ce. ConsulWlt shall acquire and maintain Work...~s' Compensation,
<br />employer's liability, commercial generalliability;o~ed and non-o\'vlled and hirc:d
<br />automobile liability, and professional liabilitY" mrura11ce coverage relating to
<br />Consultant' 3 services tü be performed hereunder covering City's mks in form subject
<br />to the approval of the City Attorney. The minimum a..-nounts of coverage
<br />corr~ponding to the aforesaid categories of insurance per insurable event, 3b.a..1l be
<br />as follows:
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<br />G,',C;:¡"""Oc:"'O""'^I='"""",'M"'k11!OIIW, ,...J
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<br />4
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