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<br />may retain the entire maximum contribution by Architect. notwithstanding that. <br /> <br />based upon the actual cost of Reconstruction. Architect's pro rata contribution <br /> <br />would have been less than the maximum contribution. <br /> <br />(b) <br /> <br />Architect hereby agrees to defend. indemnify, and save harmless. <br /> <br />City. its Council, boards, commissions, officers, employees, and agents <br /> <br />(collectively, "Indemnitees") from and against any and all claims, suits, actions. <br /> <br />liability, losses, damages. expenses. costs (including. without limitation. costs <br /> <br />and fees of litigation) of every nature. kind. and description. which may be <br /> <br />brought against, or suffered or sustained by, Indemnitees, caused by. or alleged <br /> <br />to have been caused by, the negligence, intentional tortious act or omission, or <br /> <br />willful misconduct of Architect or Architect's officers, employees, or agents in the <br /> <br />performance of any services or work by Architect relating to the Reconstruction. <br /> <br />The duty of Architect to indemnify and save harmless. as set forth herein. shall <br /> <br />include the duty to defend as set forth in Section 2778 of the California Civil <br /> <br />Code; provided, that nothing herein contained shall be construed to require <br /> <br />Architect to indemnify the Indemnitees in contravention of Section 2782 of the <br /> <br />California Civil Code. <br /> <br />5. <br /> <br />City's Contribution. <br /> <br />(a) <br /> <br />City shall contribute an amount not to exceed 39.4 percent of the <br /> <br />estimated maximum cost of Reconstruction, to wit: Twenty-eight Thousand Five <br /> <br />Hundred Forty-one Dollars ($28,541) toward the cost thereof. City's contribution, <br /> <br />together with Architect's pro-rata contribution of 10.6 percent. shall not exceed <br /> <br />Agmt-194 <br />f\sh\sh\RC\Councii <br />DES:rg <br />09/09/98; 02/08/99R; 03/01/99R <br /> <br />8 <br /> <br />".",_... ..... ..-...- -... <br />