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<br />upon the right of City to terminate this Agreement for cause, or otherwise to <br /> <br />exercise such rights or pursue such remedies as may accrue to City hereunder. <br /> <br />10. RECORDS. Architect shall keep and maintain accurate records of all <br /> <br />time expended and costs and expenses incurred relating to services to be <br /> <br />performed by Architect hereunder. Said records shall be available to City for <br /> <br />review and copying during regular business hours at Architect's place of <br /> <br />business or as otherwise agreed upon by the parties. <br /> <br />11. HOLD HARMLESS. Architect 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, which may be brought against, or suffered or <br /> <br />sustained by, City, its Council, boards, commissions, officers, employees or <br /> <br />agents caused by the negligence, intentional tortious act or omission, or willful <br /> <br />misconduct of Architect, its officers, employees or agents in the performance of <br /> <br />any services or work pursuant to this Agreement. <br /> <br />The duty of Architect to indemnify and save harmless, as set forth herein, <br /> <br />shall include the duty to defend as set forth in Section 2778 of the California Civil <br /> <br />Code; provided, however, that nothing herein contained shall be construed to <br /> <br />require Architect to indemnify City, its Council, boards, commissions, officers, <br /> <br />employees and agents against any responsibility or liability in contravention of <br /> <br />Section 2782 of the California Civil Code. <br /> <br />Agmt-091 <br />F : \shared\R edwood\Counci I <br />DES:djk <br />06/25/97 <br /> <br />5 <br />