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accordance with the provisions of paragraph 2. In ascertaining the services actually <br />rendered to the date of termination, consideration shall be given both to completed <br />work and 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 otherwise to <br />exercise such rights or pursue such remedies as may accrue to City hereunder. <br /> <br /> 10. RECORDS. Consultant shall keep and maintain accurate records of all <br />time expended and costs and expenses incurred relating to services to be pertormed by <br />Consultant hereunder. Said records shall be available to City for review and copying <br />during regular business hours at Consultant's place of business or as otherwise agreed <br />upon by the parties. <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br />and save harmless City, its Council, boards, commissioners, 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 nature, <br />kind or description, which may be brought against, or suffered or sustained by, City, its <br />Council, boards, commission, officers, employees, or agents, arising out of the <br />performance of the work described herein, to the extent caused in whole or in part by <br />any negligent act or omission of Consultant, its officers, agents and employees, or <br />anyone directly or indirectly employed by any of them or anyone for whose acts any of <br />them may be liable, except where caused by the active negligence, sole negligence, or <br />willful misconduct of City. <br /> <br />F:Atty/Agr/Agr. 130 5 <br />062503 <br /> <br /> <br />