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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, intentional
<br />tortious 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 />commissions, officers, employees and agents against any responsibility or
<br />liability in contravention of Section 2782 of the California Civil Code.
<br />
<br /> 12. INSURANCE. Consultant shall acquire and maintain Workers'
<br /> 117~ ,~- ~-'
<br />Compensation, employer's liability, '- .....
<br /> ¢ ............. G .... a! !!m.:,J.:.', owned and non-
<br />
<br />owned and hired automobile liability,
<br />
<br />r.~ver-ege relating to Consultant's services to be performed hereunder covering
<br />City's risks in form subject to the approval of the City Attorney. The minimum
<br />amounts of coverage corresponding to the aforesaid categories of insurance per
<br />insurable event, shall be as follows:
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<br />F:Atty/Agr/Agr.078 5
<br />102102
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