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<br />limitation upon the right of City to terminate this Agreement for cause, or <br /> <br />otherwise to exercise such rights or pursue such remedies as may accrue to City <br /> <br />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 City for <br /> <br />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 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, <br /> <br />intentional tortious act or omission, or willful misconduct of Consultant, its <br /> <br />officers, employees or agents in the performance of any services or work <br /> <br />pursuant to this Agreement. <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 City, its Council, boards, <br /> <br />Agmt-388 <br />F :\shared\R edwood\Counci I <br />DES:djk <br />08111/00 <br /> <br />5 <br /> <br />n_.__.. .." .. ". ..... ..--...-......-..."."...-..."-.... <br />