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otherwise to exercise such rights or pursue such remedies as may accrue to <br />Agency 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 Agency <br />for review and copying during regular business hours at Consultant's place of <br />business or as otherwise agreed upon by the parties. <br /> <br /> Il. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br />and save harmless Agency, its boards, commissions, 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 <br />nature, kind or description, which may be brought against, or suffered or <br />sustained by, Agency, its boards, commissions, officers, employees or agents <br />caused by, or alleged to have been caused by, the negligence, intentional <br />tortious act or omission, or willful misconduct of Consultant, its officers, <br />employees or agents in the performance of any services or work pursuant to this <br />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 />California Civil Code; provided, however, that nothing herein contained shall be <br />construed to require Consultant to indemnify Agency, its boards, commissions, <br /> <br />Agmt-304 <br />DES:djk <br />F:/Shared/Redwood/Council <br />11/09/99 <br /> <br /> <br />