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<br />California Civil Code; provided, however, that nothing herein contained shall be <br /> <br />construed to require Consultant to indemnify City, its Council, boards, <br /> <br />commissions, officers, employees, and agents against any responsibility or <br /> <br />liability in contravention of Section 2782 of the California Civil Code. <br /> <br />Without limitation upon the foregoing, City shall defend, indemnify, and <br /> <br />hold harmless Consultant, its directors, officers, employees, and shareholders <br /> <br />from losses caused by, or allèged to have been caused by, the negligence, <br /> <br />intentional tortious act or omission, or willful misconduct of City, its Council, <br /> <br />boards, commissions, officers, employees, and agents which may be brought <br /> <br />against, or suffered or sustained by Consultant, its directors, officers, employees, <br /> <br />and shareholders in the performance of any services or work related to the <br /> <br />Project including, without limitation, any claim made by any person or entity <br /> <br />against Consultant that the Official Statement pertaining to the issuance of <br /> <br />bonds or other evidence of indebtedness contains an untrue statement of a <br /> <br />material fact or omits to state a material fact required to be stated therein or <br /> <br />necessary to make the statements therein, in light of the circumstances under <br /> <br />which they were made, not misleading. <br /> <br />12. INSURANCE. Consultant represents that Consultant is exempt from <br /> <br />or does not require, Workers' Compensation insurance. If Consultant's status <br /> <br />should change in that regard, Consultant agrees to obtain the minimum statutory <br /> <br />w~r~~rs' Compensation Insuran~e coverag~ r~qUire~ for Consultant's b~ <br />activities. Consultant shall obtain and maintain during the term hereof~ Wž-- <br /> <br />Agmt-429 <br />f/sh/sh/RC/Council <br />Fxs/fx <br />12/08/00 <br /> <br />6 <br /> <br />~.l <br />\ <br /> <br />------. <br /> <br />II <br /> <br />--..----- <br />