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<br />indirectly employed by the subcontractor, as Consultant is for the acts and omissions of <br />persons directly employed by Consultant. Nothing contained in this Agreement will <br />create any contractual relationship between any subcontractor of Consultant and <br />Agency. Consultant will be responsible for payment of subcontractors. Consultant will <br />bind every subcontractor and every subcontractor of a subcontractor by the terms of this <br />Agreement applicable to Consultant's work unless specifically noted to the contrary in <br />the subcontract and approved in writing by Agency. <br /> <br />9. Other Consultants. Agency reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />10. Indemnification by Consultant. Consultant will defend, indemnify and hold <br />harmless Agency and the City of Redwood City ("City") and their officers, agents, <br />employees and volunteers from and against all claims, damages, losses and expenses <br />including attorney fees arising out of the performance of the Services, any <br />subcontractor, anyone directly or indirectly employed by any of them or anyone for <br />whose acts any of them may be liable, except where caused by the active negligence, <br />sole negligence, or willful misconduct of Agency or City, or the inaccurate, deceptive or <br />misleading information provided by the Agency or City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense Agency incurs or makes to or on behalf of an injured employee under the <br />Agency/City's self-administered workers' compensation is included as a loss, expense <br />or cost for the purposes of this section, and that this section will survive the expiration or <br />early termination of the Agreement. <br /> <br />10.1 Indemnification bv Aaency. Agency will indemnify and hold Consultant <br />harmless from and against all claims, liabilities, losses, costs, damages, <br />expenses, and other obligations, including reasonable attorney's fees, resulting <br />from inaccurate, deceptive or misleading information provided and approved for <br />advertising by Agency, or from defects in products manufactured and sold by <br />Agency, or from the use of the advertising or other materials provided and <br />approved by Agency, or from claims by third parties arising out of activities of <br />Consultant which are directed to be performed or approved by Agency; or from <br />any alleged or actual intellectual property or publicity right infringement or from <br />damage occurring because of labor dispute or any other cause beyond the <br />control of Consultant. <br /> <br />11. Insurance. Consultant will obtain and maintain for the duration of the Agreement <br />and any and all amendments, insurance against claims for injuries to persons or <br />damage to property which may arise out of or in connection with performance of the <br />Services by Consultant or Consultant's agents, representatives, employees or <br />subcontractors. The insurance will be obtained from an insurance carrier admitted and <br />authorized to do business in the State of California. The insurance carrier is required to <br />have a current Best's Key Rating of not less than "A-V." <br /> <br />Atty/Atty/Agr.2007.107 <br />112807 <br /> <br />3 <br />