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<br />11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify,
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<br />and save harmless City, its Council, boards, commissions, officers, employees
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<br />and agents, from and against any and all claims, suits, actions, liability, loss,
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<br />damage, expense, cost (including, without limitation, costs and fees of litigation)
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<br />of every nature, kind, or description, which may be brought against, or suffered
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<br />or sustained by, City, its Council, boards, commissions, officers, employees, or
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<br />agents caused by, or alleged to have been caused by, the negligence, intentional
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<br />tortious act or omission, or willful misconduct of Consultant, its officers,
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<br />employees, or agents in the performance of any services or work pursuant to this
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<br />Agreement.
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<br />The duty of Consultant to indemnify and save harmless, as set forth
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<br />herein, shall include the duty to defend as set forth in Section 2778 of the
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<br />California Civil Code; provided, however, that nothing herein contained shall be
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<br />construed to require Consultant to indemnify City, its Council, boards,
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<br />commissions, officers, employees, and agents against any responsibility or
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<br />liability in contravention of Section 2782 of the California Civil Code.
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<br />12. INSURANCE. Consultant shall acquire and maintain Workers'
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<br />Compensation, employer's liability, commercial general liability, owned and non-
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<br />owned and hired automobile liability, and professional liability insurance
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<br />coverage relating to Consultant's services to be performed hereunder covering
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<br />City's risks in form subject to the approval of the City Attorney. The minimum
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<br />Agmt-385
<br />F: Shared/Redwood/Council
<br />FXS:djk
<br />08/07/00
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<br />6
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