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copying during regular business hours at Consultant's place of business or as otherwise <br />agreed upon by the parties. <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, and <br />save harmless Agency, its boards, councils, commissions, officers, employees and <br />agents, from and against any and all claims, suits, actions liability, loss, damage, <br />expense, cost (including, costs and fees of litigation) of every nature, kind or <br />description, which may be brought against, or suffered or sustained by, Agency, its <br />boards, councils, commissions, officers, employees or agents caused by the <br />negligence, intentional tortious act or omission, or willful misconduct of Consultant, its <br />officers, employees or agents in the performance of any services or work pursuant to <br />this Agreement. <br /> <br /> The duty of Consultant to indemnify and save harmless, as set forth herein, shall <br />include the duty to defend as set forth in Section 2778 of the California Civil Code; <br />provided, however, that nothing herein contained shall be construed to require <br />Consultant to indemnify Agency, its boards, councils, commissions, officers, employees <br />and agents against any responsibility or liability in contravention of Section 2782 of the <br />California Civil Code. <br /> <br /> 12. INSURANCE. Consultant shall acquire and maintain Workers' Compensa- <br />tion, employer's liability, commercial general liability, owned and non-owned and hired <br />automobile liability, and professional liability insurance coverage relating to Consultant's <br />services to be performed hereunder covering Agency's risks in form subject to the <br />approval of the Agency Attorney. The minimum amounts of coverage corresponding to <br />the aforesaid categories of insurance per insurable event shall be as follows: <br /> <br />F:Atty/Agr/Agr. 067 5 <br />082002 <br /> <br /> <br />