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date of termination, consideration shall be given both to completed work and <br />work in process of completion. Nothing herein contained shall be deemed a <br />limitation upon the right of City to terminate this Agreement for cause, or <br />otherwise to exercise such rights or pursue such remedies as may accrue to City <br />hereunder. <br /> <br /> 10. RECORDS. Consultant shall keep and maintain accurate records of <br />all time expended and costs and expenses incurred relating to services to be <br />performed by Consultant hereunder. Said records shall be available to City for <br />review and copying during regular business hours at Consultant's place of <br />business or as otherwise agreed upon by the parties. <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br /> and save harmless City, its Council, boards, commissions, officers, employees <br /> and agents, from and against any and all claims, suits, actions liability, loss, <br /> damage, expense, cost (including, without limitation, costs and fees of litigation) <br /> of every nature, kind or description, which may be brought against, or suffered or <br /> sustained by, City, its Council, boards, commissions, officers, employees or <br /> agents caused by, or alleged to have been caused by, the negligence, <br /> intentional tortious act or omission, or willful misconduct of Consultant, its <br /> officers, employees or agents in the performance of any services or work <br /> pursuant to this Agreement. <br /> <br /> The duty of Consultant to indemnify and save harmless, as set forth <br /> herein, shall include the duty to defend as set forth in Section 2778 of the <br /> <br /> Agrnt-289 5 <br /> F:~shared\Eedwood\Council <br /> FXS:dJk <br /> 09/07/99 <br /> <br /> <br />