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�.3-�'g <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 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 (collectively, "losses°), which may be brought <br /> against, or suffered or sustained by, City, its Council, boards, commissions, <br /> officers, employees, or agents caused by, or alleged to have been caused by, <br /> the negligence, intentional tortious act or omission, or willful misconduct of <br /> Consultant, its o�cers, employees, or agents in the performance of any services <br /> or work pursuant to this Agreement. Except for such losses resulting from <br /> intentional tortious acts or omissions or willful misconduct, ConsultanYs liability <br /> hereunder shall be limited to the contract price established in paragraph 2 <br /> hereof. <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 /> Agmt-429 c <br /> f/shlsh/RC/Council <br /> Fxs/fx <br /> 12/OS/00 <br /> . . _.__ _. _ .,.� _ _.�.. T . .__ _ <br />