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by Consultant hereunder. Said records shall be available to City for review and <br />copying during regular business hours at Consultant's place of business or as <br />otherwise agreed upon by the parties. <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, and <br />save harmless City, its Council, boards, commissions, officers, employees and agents <br />(collectively, "lndemnitees"), from and against any and all claims, suits, actions liability, <br />loss, damage, expense or 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 Indemnitees arising out of, or in connection with Consultant's performance <br />of work hereunder or its failure to comply with any of its obligations contained in this <br />agreement except such loss or damage which was caused by the sole negligence or <br />willful misconduct of Indemnitees. <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 against any responsibility or liability in contravention of Section <br />2782 of said Code. <br /> <br /> 12. INSURANCE. Consultant shall acquire and maintain Workers' <br />Compensation, employer's liability, commercial general liability, owned and non-owned <br />and hired automobile liability, and professional liability insurance coverage relating to <br />Consultant's services to be performed hereunder covering City's risks in form subject to <br />the approval of the City Attorney. The minimum amounts of coverage corresponding to <br />the aforesaid categories of insurance per insurable event, shall be as follows: <br /> <br />F:Atty/Ag r/Agr. 107 5 <br />040303 <br /> <br /> <br />