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<br />of paragraph 2. In ascertaining the services actually rendered to the date of <br /> <br />termination, consideration shall be given both to completed work and work in <br /> <br />process of completion. Nothing herein contained shall be deemed a limitation <br /> <br />upon the right of City to terminate this Agreement for cause, or otherwise to <br /> <br />exercise such rights or pursue such remedies as may accrue to City hereunder. <br /> <br />10. <br /> <br />RECORDS. Architect 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 Architect hereunder. Said records shall be available to City for <br />review and copying during regular business hours at Architect's place of <br /> <br />business or as otherwise agreed upon by the parties. <br /> <br />11. HOLD HARMLESS. Architect hereby agrees to defend, indemnify, <br /> <br />and save harmless City, its Council, boards, commissions, officers, employees <br /> <br />and agents, from and against any and all claims, suits, actions liability, loss, <br /> <br />damage, expense, cost (including, without limitation, costs and fees of litigation) <br /> <br />of every nature, kind or description, which may be brought against, or suffered or <br /> <br />sustained by, City, its Council, boards, commissions, officers, employees or <br /> <br />agents caused by, or alleged to have been caused by, the negligence, intentional <br /> <br />tortious act or omission, or willful misconduct of Architect, its officers, employees <br /> <br />or agents in the performance of any services or work pursuant to this <br /> <br />Agreement. <br /> <br />The duty of Architect to indemnify and save harmless, as set forth herein, <br /> <br />shall include the duty to defend as set forth in Section 2778 of the California Civil <br /> <br />Agmt-228 <br />F :\shared\R edwood\Counci I <br />DES:djk <br />02/10/99 <br /> <br />5 <br /> <br />.. _.""'-".T"""'.."""'."'-""--'_."------"""'---_.""'-~-"...-,.,...............-..--..... <br />