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maintained by City for itself, its officers, boards, commissions, <br /> employees or agents shall be excess of Consultant's insurance <br /> and not contributory with it. <br /> <br /> 16. Indemnity: Consultant shall hold harmless, indemnify, and defend <br />City, its Council, boards, commissions, officers, agents and employees from and <br />against any and all loss, damage, expense, costs, claims, suits, actions, and/or <br />liability (including reasonable attorney's and expert's fees) which may be brought <br />against City, its Council, boards, officers, commissions, agents, and employees <br />by reason of any injury to or death of any person or damages of any kind <br />suffered or sustained by any person or corporation or entity, to the extent <br />caused by, or alleged to have been caused by, any act or omission to act, <br />negligent or otherwise, of Consultant, its officers, agents, or employees in the <br />performance of this Agreement. This indemnification provision shall not apply to <br />the extent any losses, damages, liabilities, or expenses result from, are solely <br />attributable to the negligence or willful misconduct of City. <br /> <br /> 17. Standard of Services. If any of Consultant's services fail to conform <br /> to the professional standard of due care, Consultant, at City's option, in addition <br /> to any other remedy provided by law or equity to the City, at its own expense, <br /> perform corrective services of the type originally performed as may be <br /> reasonably required to correct such defects of which Consultant is notified in <br /> writing within twelve (12) months of the date of completion of services. <br /> <br /> 18. Records. Consultant shall keep and maintain accurate records of all <br /> time expended and costs and expenses incurred relating to services to be <br /> <br /> AGMT-272 8 <br /> FI/sh/Redwood~council <br /> FXS:rg <br /> <br /> <br />