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otherwise to exercise such rights or pursue such remedies as may accrue to City <br />hereunder. <br /> <br /> '10. RECORDS. Consultant shall keep and maintain accurate records of <br />all time expended and costs and expenses incurred relating to services to be <br />performed by Consultant hereunder. Said records shall be available to City for <br />review and copying during regular business hours at Consultant's place of <br />business or as otherwise agreed upon by the parties. <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br />and save harmless City, its Council, boards, commissions, officers, employees <br />and agents (collectively, "lndemnitees"), from and against any and all claims, <br />suits, actions liability, loss, damage, expense or cost (including, without <br />limitation, costs and fees of litigation) of every nature, kind, or description, which <br />may be brought against, or suffered or sustained by Indemnitees arising out of, <br />or in connection with Consultant's performance of work hereunder or its failure to <br />comply with any of its obligations contained in this agreement except such loss <br />or damage which was caused by the sole negligence or willful misconduct of <br />Indemnitees. <br /> <br /> The duty of Consultant to indemnify and save harmless, as set forth <br />herein, shall include the duty to defend as set forth in Section 2778 of the <br />California Civil Code; provided, however, that nothing herein contained shall be <br />construed to require Consultant to indemnify against any responsibility or liability <br />in contravention of Section 2782 of said Code. <br /> <br />F:Atty/Agr/Agr. 054 5 <br />070302 <br /> <br /> <br />