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�. / -F 7_ <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 />California Civil Code. <br />11. INSURANCE. Consultant shall, at no cost to City, acquire and maintain, <br />during the term hereof, Workers' Compensation, employer's liability, commercial <br />general liability, owned and non -owned and hired automobile liability, and professional <br />liability insurance coverage relating to Consultant's services to be performed hereunder <br />covering 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 />F:Atty /Agr /Agr.126 5 <br />060403 <br />