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<br />otherwise to exercise such rights or pursue such remedies as may accrue to City <br /> <br />hereunder. <br /> <br />10. RECORDS. Consultant shall keep and maintain accurate records of <br /> <br />all time expended and costs and expenses incurred relating to services to be <br /> <br />performed by Consultant hereunder. Said records shall be available to City for <br /> <br />review and copying during regular business hours at Consultant's place of <br /> <br />business or as otherwise agreed upon by the parties. <br /> <br />11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br /> <br />and save harmless City, its Council, boards, commissions, officers, employees <br /> <br />and agents, from and against any and all claims, suits, actions, liability, loss, <br /> <br />damage, expense, cost (including, without limitation, costs and fees of litigation) <br /> <br />of every nature, kind, or description (collectively, "losses"), which may be brought <br /> <br />against, or suffered or sustained by, City, its Council, boards, commissions, <br /> <br />officers, employees, or agents caused by, or alleged to have been caused by, <br /> <br />the negligence, intentional tortious act or omission, or willful misconduct of <br /> <br />Consultant, its officers, employees, or agents in the performance of any services <br /> <br />or work pursuant to this Agreement. Except for such losses resulting from <br /> <br />intentional tortious acts or omissions or willful misconduct, Consultant's liability <br /> <br />hereunder shall be limited to the contract price established in paragraph 2 <br /> <br />hereof. <br /> <br />The duty of Consultant to indemnify and save harmless, as set forth <br /> <br />herein, shall include the duty to defend as set forth in Section 2778 of the <br /> <br />Agmt-429 <br />f/sh/sh/RC/Council <br />Fxs/fx <br />12/08/00 <br /> <br />5 <br /> <br />----!r-------'------------ - <br />