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�.3-�I� <br /> provisions of paragraph 2. In ascertaining the services actually rendered to the <br /> date of termination, consideration shall be given both to completed work and <br /> work in process of completion. Nothing herein contained shall be deemed a <br /> limitation upon the right of City to terminate this Agreement for cause, or <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 /> 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 /> Agmt-428 6 <br /> Sh/rvvGcouncil/agmt <br /> FXS/fs <br /> 12/08/00 <br /> . .. _ . _�....__ __ _ ,.. T _ . <br />