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ORIGINAL <br /> forth in Paragraph 2, and Paragraph 3 (if additional services are rendered in <br /> accordance with Paragraph 3), above. <br /> 9. RECORDS. City shall keep and maintain accurate records of all time <br /> expended and costs and expenses incurred relating to services to be performed <br /> by City hereunder. Said records shall be available to Port for review and copying <br /> during regular business hours at City's place of business or as otherwise agreed <br /> upon by the parties for a period of Three (3) years after Port's acceptance of the <br /> work performed by City under this Agreement. <br /> 10. HOLD HARMLESS. Each party hereby agrees to defend, indemnify, <br /> and save harmless the other party from and against any and all claims, suits, <br /> actions liability, loss, damage, expense, cost (including, without limitation, costs <br /> and fees of litigation) of every nature, kind or description, which may be brought <br /> against, or suffered or sustained by, one party and caused by, or alleged to have <br /> been caused by, the negligence, intentional tortious act or omission, or willful <br /> misconduct of the other party in the performance of any services or work <br /> pursuant to this Agreement. <br /> The duty of City to indemnify and save harmless, as set forth herein, shall <br /> include the duty to defend as set forth in Section 2778 of the Califomia Civil <br /> Code; provided, however, that nothing herein contained shall be construed to <br /> require City to indemnify Indemnitees against any responsibility or liability in <br /> contravention of Section 2782 of the Califomia Civil Code. <br /> 11. NOTICES. Written notices required or convenient hereunder shall be <br /> delivered personally or by depositing the same with the United States Postal <br /> port/agr 5 <br /> 04/21/2011 RR <br />