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<br />review and copying during regular business hours at Consultant's place of
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<br />business or as otherwise agreed upon by the parties.
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<br />11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify,
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<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
<br />
<br />or 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 Consultant, its officers,
<br />
<br />employees, or agents in the performance of any services or work pursuant to this
<br />
<br />Agreement.
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<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 City, its Council, boards,
<br />
<br />commissions, officers, employees, and agents against any responsibility or
<br />
<br />liability in contravention of Section 2782 of the California Civil Code.
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<br />12. INSURANCE. Consultant shall acquire and maintain Workers'
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<br />Compensation, employer's liability, commercial general liability, owned and non-
<br />
<br />owned and hired automobile liability and professional liability insurance coverage
<br />
<br />relating to Consultant's services to be performed hereunder covering City's risks
<br />
<br />in form subject to the approval of the City Attorney. The minimum amounts of
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<br />Agmt-231
<br />F :/shared/Redwood/Cou nci I
<br />DES:djk
<br />02/11/99
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