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�j• 3 -A 11 <br /> otherwise to exercise such rights or pursue such remedies as may accrue to City <br /> hereunder. <br /> 10. RECORDS Consuttant 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, employe.es <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 /> 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 /> Agmt-426 5 <br /> F: �.shared\Redwood\Cou ncil <br /> DES:djk <br /> 11 /30/00 <br /> _ � _ _ _.•-__. _ _._ . ._ <br />