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,I <br /> <br /> limitation upon the right of City to terminate this Agreement for cause, or <br /> 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, 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 <br /> or sustained by, City, its Council, boards, commissions, officers, employees, or <br /> agents caused by, or alleged to have been caused by, the negligence, intentional <br /> tortJous act or omission, or willful misconduct of Consultant, its officers, <br /> employees, or agents in the performance of any services or work pursuant to this <br /> 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 /> <br />__ F:Atty/Agr/Agr.082 6 <br /> 121002 <br /> <br /> <br />