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Consultant hereunder. Said records shall be available to Agency for review and <br />copying during regular business hours at Consultant's place of business or as otherwise <br />agreed upon by the parties. <br /> <br /> Il. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, and <br />save harmless Agency and/or the City of Redwood City ("City"), its council, boards, <br />commissioners, officers, employees and agents, from and against any and all claims, <br />suits, 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 Agency and/or City, its council, boards, <br />commission, officers, employees, or agents, arising out of the performance of the work <br />described herein, to the extent caused in whole or in part by any negligent act or <br />omission of Consultant, its officers, agents and employees, or anyone directly or <br />indirectly employed by any of them or anyone for whose acts any of them may be liable, <br />except where caused by the active negligence, sole negligence, or willful misconduct of <br />Agency. <br /> <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 Agency, City, its council, boards, commissions, officers, <br />employees and agents against any responsibility or liability in contravention of Section <br />2782 of the California Civil Code. <br /> <br />F:Atty/Agr/Agr. 137 5 <br />071003 <br /> <br /> <br />