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work and work in precis of completion. Nothing herein contained shall be deemed a limitation upon the <br />right of City to terminate this Agreement for cause, or otherwise to exercise such fights or pursue such <br />remedies as may accrue to City hereunder. <br /> <br /> 10. RECORDS. Consultant shall keep and maintain accurate records of all t/me expended and <br />costs and expenses incurred relating to services to be performed by Consultant hereunder. Said records <br />shall be available to City for review and copying during regular business hours at Consultant's place of <br />business or as otherwise agreed upon by the parties. <br /> <br /> I 1. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, and save harmless <br />City, its Council, boards, commissions, officers, employees and agents, from and against any and all <br />claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of <br />litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, <br />City, its Council, boards, commissions, officers, employees or agents arising out of the performance of <br />the work described herein, to the extent caused in whole or in part by any negligent act or omission of <br />Consultant, its officers, agents and employees, or anyone directly or indirectly employed by any of them <br />or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole <br />negligence, or willful misconduct of City. <br /> <br /> The duty of Consultant to indemnify and save harmless, as set forth herein, shall include the duty <br />to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein <br />contained shall be construed to require Consultant to indemnify City, its Council, boards, commissions, <br />officers, employees and agents against any responsibility or liahildy in contravention of the California <br />Civil Code. This paragraph shall survive the expiration or termination of this Agreement. <br /> <br /> 12. INSURANCE. Consultant shall acquire and maintain Workers' Compensation, employer's <br /> liability, commercial general liability, and automobile liability (for owned and non-owned and hired <br /> automobiles) insurance coverage relating to Consultant's services to be performed hereunder covering <br /> <br /> <br />