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�E-io <br /> 10. RECORDS. Consultant shali keep and maintain accurate records of <br /> all time expended and costs and expenses incurred relating to services to be <br /> performed by Consultant hereunder. Said records shall be available to City for <br /> review and copying during regular business hours at ConsultanYs place of <br /> business or as otherwise agreed upon by the parties. <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br /> and save harmless City, its Council, boards, commissions, officers, employees <br /> and agents, from and against any and all claims, suits, actions, liability, loss, <br /> damage, expense, cost (including, without limitation, costs and fees of litigation) <br /> of every nature, kind, or description, which may be brought against, or suffered <br /> or sustained by, City, its Council, boards, commissions, officers, employees, or <br /> agents caused by, or alleged to have been caused by, the negligence, <br /> intentional tortious act or omission, or willful misconduct of Consultant, its <br /> officers, employees, or agents in the performance of any services or work <br /> pursuant to this Agreement. <br /> The duty of Consultant to indemnify and save harmless, as set forth <br /> herein, shall include the duty to defend as set forth in Section 2778 of the <br /> California Civil Code; provided, however, that nothing herein contained shall be <br /> construed to require Consultant to indemnify City, its Council, boards, <br /> commissions, officers, employees, and agents against any responsibility or <br /> � liability in contravention of Section 2782 of the California Civil Code. <br /> Agmt-358 6 <br /> F:Shared/Redwood/Council <br /> FXS:djk <br /> 05/25/00 <br />