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<br />s-c.-g <br /> <br />11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br /> <br />and save harmless Agency, its boards, commissions, officers, employees and <br /> <br />agents, from and against any and all claims, suits, actions liability, loss, damage, <br /> <br />expense, cost (including, without limitation, costs and fees of litigation) of every <br /> <br />nature, kind or description, which may be brought against, or suffered or <br /> <br />sustained by, Agency, its boards, commissions, officers, employees or agents <br /> <br />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. <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 Agency, its boards, commissions, <br /> <br />officers, employees and agents against any responsibility or liability in <br /> <br />contravention of Section 2782 of the California Civil Code. <br /> <br />12. INSURANCE. Consultant shall acquire and maintain Workers' <br /> <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 Agency's <br /> <br />risks in form subject to the approval of the Agency Attorney. The minimum <br /> <br />Agmt-RD-OO4 <br />DES:djk <br />F:lS harediR edwoodiCouncii <br />05/16/00 <br /> <br />5 <br />