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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, <br />and save harmless City, its Council, boards, commissions, officers, employees <br />and agents, from and against any and all claims, suits, actions liability, loss, <br />damage, expense, cost (including, without limitation, costs and fees of litigation) <br />of every nature, kind or description, which may be brought against, or suffered or <br />sustained by, City, its Council, boards, commissions, officers, employees or <br />agents caused by, or alleged to have been caused by, the negligence, <br />intentional tortious act or omission, or willful misconduct of Consultant, its <br />officers, employees or agents in the performance of any services or work <br />pursuant to this Agreement. <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 /> Agrnt-413 5 <br /> F:',shar e~R edwood\Council <br /> FXS:djk <br /> 10/24/00 <br /> <br /> <br />