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<br />" , <br /> <br />Agreement applicable to Consultant's work unless specifically noted to the contrary in <br />the subcontract and approved in writing by City. <br /> <br />9. Other Consultants. City reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />10. Indemnification. Consultant will defend, indemnify and hold harmless City and its <br />officers, agents, employees and volunteers from and against all claims, damages, <br />losses and expenses including attorney fees (collectively "claims") arising out of the <br />performance of the Services, caused in whole or in part by the willful misconduct or any <br />negligent act or omission of the Consultant, any subcontractor, anyone directly or <br />indirectly employed by any of them or anyone for whose acts any of them may be liable <br />(collectively "Consultant"), except where caused by the active negligence, sole <br />negligence, or willful misconduct of City. <br /> <br />In interpreting the above indemnity paragraph, it is agreed that Consultant's duty to <br />defend, indemnify and hold harmless shall be limited to only those allegations that <br />Consultant's performance was negligent or constituted willful misconduct and the duty <br />shall not exist absent such allegations or extend beyond those allegations; provided that <br />allegations that City negligently hired or supervised consultant or that City made an <br />incorrect decision based on Consultant's advice or analysis shall be within Consultant's <br />duty to indemnify, defend, and hold harmless where such allegations against City are <br />made in combination with allegations of Consultant's willful misconduct or negligence. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City incurs or makes to or on behalf of an injured employee under the City's <br />self-administered workers' compensation is included as a loss, expense or cost for the <br />purposes of this section. The parties expressly agree that this section shall survive the <br />expiration or early termination of the Agreement. <br /> <br />I' <br />I <br />I <br />I <br /> <br />11. Insurance. Consultant shall obtain and maintain for the duration of the <br />Agreement and any and all amendments, insurance against claims for injuries to <br />persons or damage to property which may arise out of or in connection with <br />performance of the Services by Consultant or Consultant's agents, representatives, <br />employees or subcontractors. The insurance will be obtained from an insurance carrier <br />admitted and authorized to do business in the State of California. The insurance carrier <br />is required to have a current Best's Key Rating of not less than "A-:V." <br /> <br />11.1 Coveraqes and Limits. Consultant, at its sole expense, shall maintain the <br />types of coverages and minimum limits indicated below, unless the Risk Manager <br />or City Manager, in consultation with the City Attorney, approves a lower amount. <br />These minimum amounts of coverage will not constitute any limitations or cap on <br />Consultant's indemnification obligations under this Agreement. City, its officers, <br />agents, volunteers and employees make no representation that the limits of the <br />insurance specified to be carried by Consultant pursuant to this Agreement are <br />adequate to protect Consultant. If Consultant believes that any required <br /> <br />ATTY/AGR/2010.043 <br />051210 <br /> <br />3 <br />