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FXS : d; 1. 05/ l6 / 9 7 (009/72) services to be performed by CM/GC hereunder. Said records shall be available to City for review and copying during regular business hours at CM/GC's place of business, or as otherwise agreed upon by the parties. 18. HOLD HARMLESS. CM/GC 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, costs (including, without limitation, costs and fees of litigation) of every nature, kind and 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 1 act or omission, or willful misconduct of CM/GC, its officers, employees or agents in the performance of any services or work pursuant to this Agreement. The duty of CM/GC 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 shall be construed to require CM/GC 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. 19. GUARANTEE. Except as otherwise may be provided herein, CM/GC hereby expressly guarantees for one (1) full year from the date of completion and acceptance thereof by Cityls City Council, or for any longer periods of time, as may be set forth with 14