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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, and <br />save harmless City, its Council, boards, commissioners, officers, employees and <br />agents, from and against any and all claims, suits, actions, liability, loss, damage, <br />expense, cost (including, without limitation, costs and fees of litigation) of every <br />nature, kind or description, which may be brought against, or suffered or <br />sustained by, City, its Council, boards, commission, officers, employees, or <br />agents, arising out of the performance of the work described herein, to the extent <br />caused in whole or in part by any negligent act or omission of Consultant, its <br />officers, agents and employees, or anyone directly or indirectly employed by any <br />of them or anyone for whose acts any of them may be liable, except where <br />caused by the active negligence, sole negligence, or willful misconduct of City. <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 City, its Council, boards, <br />commissions, officers, employees and agents against any responsibility or <br />liability in contravention of Section 2782 of the California Civil Code. <br /> <br /> 5 <br /> <br /> <br />