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������ .�.� . <br /> otherwise to exercise such rights or pursue such remedies as may accrue to City <br /> hereunder. <br /> 10. RECORDS. Consultant shall 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 Consultant's 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 or <br /> + <br /> sustained by, City, its Council, boards, commissions, officers, employees or <br /> agents caused by, or alleged to have been caused by, the negligence, intentional <br /> tortious act or omission, or willful misconduct of Consultant, its officers, <br /> employees or agents in the performance of any services or work pursuant to this <br /> 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�27 5 <br /> F: �sha red�Redwood\Council <br /> FXS:djk <br /> 12/07/00 <br />