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Consultant under this Agreement, for a period of at least five (5) years after <br />Consultant's receipt of final payment under this Agreement. Said records shall be <br />available to City for review and copying during regular business hours at Consultant's <br />place of business or as otherwise agreed upon by the parties, without restriction or <br />limitation on their use. <br />11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, and <br />save harmless City, its Council, boards, commissioners, officers, employees and <br />agents, from and against any and all claims, suits, actions, liability, loss, damage, <br />expense, cost (including, without limitation, costs and fees of litigation) of every nature, <br />kind or description, which may be brought against, or suffered or sustained by, City, its <br />Council, boards, commission, officers, employees, or agents, arising out of the <br />performance of the work described herein, to the extent caused in whole or in part by <br />any negligent act or omission of Consultant, its officers, agents and employees, or <br />anyone directly or indirectly employed by any of them or anyone for whose acts any of <br />them may be liable, except where caused by the active negligence, sole negligence, or <br />willful misconduct of City. <br />The duty of Consultant to indemnify and save harmless, as set forth herein, shall <br />include the duty to defend as set forth in Section 2778 of the California Civil Code; <br />provided, however, that nothing herein contained shall be construed to require <br />Consultant to indemnify City, its Council, boards, commissions, officers, employees and <br />agents against any responsibility or liability in contravention of Section 2782 of the <br />F:Atty /Agr /Agr.125 5 <br />060403 <br />