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completion of the Services or the termination of this Agreement, which ever occurs later. Pursuant to California Government Code Section 8546.7 the parties to this Agreement shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the Agreement. The examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administering the Agreement. 10. SECURITY. Developer shall cause Wentz Group to furnish to City and Agency, and file with the City Clerk and Agency Secretary, a bond to guaranty the faithful performance of the Streetscape Improvements and Street Modifications and a separate bond to secure payment of the claims of laborers, mechanics, and material suppliers employed under the contract. Both bonds shall be in an amount equal to at the not-to Exceed Streetscape Cost and the payment bond shall contain all provisions required by law to be included in such bond forms, including the requirements of Civil Code Sections 3247 - 3252. securing the faithful performance of the Contractor's obligations under this Agreement within the time herein specified, which bond or instrument of credit shall be in an amount equal to One Hundred Percent (100%) of the Streetscape Improvement and Street Modification Costs. . All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City and the Agency as joint obligees. 11. INDEMNITY AND HOLD HARMLESS. A. Developer hereby agrees to defend, indemnify, and save harmless City, its Council, the Agency, their boards, commissioners, 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, the Agency, their boards, commission, officers, employees, or agents, arising out of or related to the performance of the Services (collectively "Claims"), to the extent caused in whole or in part by any negligent act or omission of Developer, its officers and employees, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City or Agency. Atty/Agr/2005.072 101105 840847v1233786/0001LBack 15