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replace landscaping on or within the Premises at no cost to City. The fence shall be installed according to plans approved by City. 4. Hold Harmless. Permittee hereby agrees to defend, indemnify, and save harmless City, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortious act or omission, or willful misconduct of Permittee, its officers, employees or agents in the performance of any services or work pursuant to this Permit. The duty of Permittee to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Permittee to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 5. Insurance. Permittee shall acquire and maintain Workers' Compensation (if and when applicable), employer's liability (if and when applicable), commercial general liability, property insurance (homeowner's insurance), and liability insurance covering City's risks in form subject to the Agmt-283 f:sh/sh/RC/Council/ Agmt FXS:rg 08/04/99 08/17199 3